Applying for Immediate Relative Visas in Anne Arundel County

Immediate relatives are the spouse of a U.S. citizen, any unmarried children under the age of 21 of a U.S. citizen, and parents of U.S. citizens whose U.S. citizen child is at least 21 years old. Relative could apply for a visa which could give them legal status in Anne Arundel County and the rest of the United States. For more information with applying for immediate relative visas in Anne Arundel County, reach out to a knowledgeable immigration attorney today.

Applying for Permanent Residence Status

How an immediate relative applies for a permanent residence status is based on where they are located. If the immediate relative beneficiary is located in the U.S., it is different than if they are outside of the U.S. If the beneficiary is in the U.S. and they are an immediate relative, the U.S. citizen family member can petition for them by submitting the Form I-130, which is the petition for a relative. If the intended beneficiary is eligible, they can also submit the Form I-485.

In order to be eligible to apply for the Form I-485, the beneficiary must have been inspected and admitted or inspected and paroled into the United States. They also have to be physically present in the United States at the time of the filing of the petition and there has to be a family relationship between the petitioner and the spouse at the time of filing. Also, the beneficiary applicants submitting the I-485 must not have anything that would be a bar to their adjustment, like any violations of criminal laws or immigration laws.

Receiving a Notice from the USCIS

After the petition is submitted, the beneficiary would receive by mail a receipt notice from USCIS for each form. The beneficiary would then have to wait either for the approval the Forms I-130 and I-485 or to be scheduled for an interview for the I-130 and I-485.

After the I-130 has been approved, the National Visa Center would contact the U.S. citizen petitioner and the intending immigrant beneficiary with subsequent instructions about submitting documentation, the immigrant visa application, which is the DS-260, any payment of fees, and any additional evidence.

After everything is submitted with the NVC, the NVC  schedules an interview at the U.S. embassy or consulate in the country in which the beneficiary is located, or if there is no U.S. embassy or consulate in the country the beneficiary is located, to one in the nearest country where the intending immigrant beneficiary can attend an interview.

Having a Relative Stay After a Visit

If an immediate family member is visiting in the U.S. and decides they would like to stay, as long as they are legally eligible, they could submit Form I-130 and I-485. If for some reason the immediate family member is not able to submit the I-485 to adjust in the United States, for example, if they entered the U.S. without inspection, they are still able to have their U.S. citizen petitioner submit the Form I-130, but will not be able to remain lawfully.

It is important to know that just having the Form I-130 filed does not give that immediate family member any status or permission to remain in the U.S. The beneficiary would have to depart before they start accruing unlawful presence. Unlawful presence begins to accrue when they have more than 180 days in the country without permission. If they have more than 180 days of unlawful presence accrued, it is recommended that the family member consult an attorney, because they are facing a three-year bar of re-entering the United States.

Get in Touch with an Attorney Today

Applying for a visa of any kind could prove to be challenging without the help of a lawyer. Given the numerous documents needed to be submitted for an immediate relative visa, as well as the strict deadlines for each piece of documentation, it may be wise to hire an attorney in order to minimize the likelihood of making a costly mistake. For more information regarding the process for applying for immediate relative visas in Anne Arundel County, contact an attorney today.

Applying for Immediate Relative Visas in Anne Arundel County