Procedure After a Family Member’s Immigration Application is Approved

Due to the complexities of immigration law, it has become increasingly difficult to bring a family member to the United States from a foreign county. Even after an application is approved, there are still legal procedures you must follow. If you would like to find out more or believe you may need help, get in touch with a knowledgeable immigration attorney. A lawyer can guide you through the procedure after a family member’s immigration application is approved.

Issuing an Immediate Relative Permanent Resident Status

An immediate relative might be issued conditional permanent resident status because they are an immigrant spouse who has been married to the U.S. citizen petitioner for a period of less than two years. A conditional permanent resident status is a two-year Green Card instead of the usual ten-year Green Card that is issued. At 90 days before the expiration of the two-year conditional permanent residence card, the conditional permanent resident can remove the conditions of their Green Card and obtain a 10-year card by submitting Form I-751.

Common Reasons a Person Would not be Issued an Immediate Relative Visa

The most common reason that an individual is not be issued an immediate relative visa is that they failed to provide evidence showing the relationship between the petitioner and the beneficiary. For example, if a person is petitioning for a spouse and not able to provide evidence that they are in a bona fide marriage, their immediate relative visa will not be granted. Other reasons include not submitting a waiver of inadmissibility if there is an inadmissibility ground.

Frequent Mistakes Made While Processing a Family Member’s Stay

Some common mistakes made by people trying to complete the process themselves to legalize their family member’s stay are that they do not know the difference between an immediate relative and those who are in the family preference category.

Those in the family preference category are not covered under the same laws as immediate relatives and this can lead to many issues down the line with the accumulation of unlawful presence.

Other mistakes are that beneficiaries do not submit waivers if there are any grounds of inadmissibility that have to be addressed with the adjustment application and they do not provide all the evidence that was requested by USCIS. Also, another mistake is that beneficiaries submit Form I-485 to adjust their status, but they did not enter the U.S. legally and are therefore ineligible to adjust.

What Happens After a Family Member’s Application is Approved?

Once the family member’s I-130 application is approved, what happens depends on where the beneficiary is located and whether a visa is immediately available. If that family member is overseas, they will have to submit a DS-260, immigrant visa application, pay fees, submit evidence and be interviewed at the nearest consulate or embassy in another country. After that is approved, the beneficiary has to enter the U.S. before the expiration date of the visa.

After they enter the U.S., they will receive their Green Card by mail at the address that was provided. If the family member is present in the U.S. and there is a visa available for them, they may submit Form I-485, Application to Register Permanent Residence or Adjust Status. Once that application for adjustment is granted by USCIS then the beneficiary receives their Green Card in the mail.

Removing Conditional Aspects of an Immediate Relative Visa

To have the conditional aspect of their status removed, the family member, the petitioning spouse, and the conditional resident will have to submit Form I-751. They will have to provide evidence that the couple continues to be in an ongoing bona fide marriage. They are able to prove that by submitting pictures, leases, birth certificates of children if any, and any other evidence showing that they are still in an ongoing valid marriage.

A successful marriage is not always guaranteed. If the conditional permanent resident is no longer married or for some reason cannot file jointly with the petitioning spouse, they will be able to submit Form I-751 with the waiver showing that the marriage was entered in good faith but unfortunately ended in divorce, ended as a result of the death of the petitioner, or the conditional permanent resident was a victim of abuse. With circumstances like that, they will be able to send a Form I-751 with a waiver of the joint filing requirement.

Importance of Contacting an Alexandria Family Immigration Attorney

By getting in touch with an attorney to help you with the procedure after a family member’s immigration application is approved, you can avoid the common mistakes made during this process. This can ensure a family member’s arrival to the United States in a safe and timely manner. An attorney can also help with other visa issues such as the removal of conditional aspects of an immediate relative visa. Reach out to an attorney today to get started on the next step towards bringing your relative to the United States/