Common Mistakes When Applying for Relative Visas in Anne Arundel
The immigration process in the United States is both lengthy and difficult. Given the amount of paperwork and documentation an applicant is required to submit, it is very easy to make a mistake that could delay the process of having an application dismissed. To avoid the common mistakes when applying for relative visas in Anne Arundel, be sure to contact an experienced immigration attorney.
Common Reasons an Individual Would not be Issued an Immediate Relative Visa
Some of the most common reasons that a person is not issued an immediate relative immigrant visa includes not providing sufficient evidence showing that the petitioner and the beneficiary are not married.
Another common reason is claiming to have a parent-child relationship, but failing to submit a birth certificate or secondary evidence that USCIS finds satisfactory. This would lead to a denial of an immigrant visa. A person could also be denied an immediate family visa if they do not submit a waiver of inadmissibility if the beneficiary faces an inadmissibility bar.
Problems with Legalizing a Family Member’s Stay Without an Attorney’s Help
Some common mistakes made by individuals trying to complete the process themselves to legalize their family member’s stay is not understanding the minor details of the immigration process. It is not that the immigration forms are hard, but they do require a lot of information from both the petitioner and beneficiary. In order to minimize room for error, it is recommended to work with an attorney who has experience in submitting these types of immigration applications.
Failing to Understand Immediate Relative Categories
Another common mistake is not understanding the family relationships that are recognized by U.S. immigration law and which family relationships are given priority. Sometimes petitioners do not understand that there is a difference between those family members who fall into the immediate relative category and other family members who fall into the preference category.
Those who fall into the family preference category are not the same as those who are immediate relatives because immediate relatives with an approved petition would have a visa immediately available for them. They would be able to proceed with adjustment if inside the U.S. or with consular processing, if abroad. Those in the family preference category, on the other hand, must wait for a visa to become available based on the number of visas granted each year by the State Department.
Misunderstandings with Interpreting a Family Member’s Entrance into the U.S.
Another common mistake that typically affects people’s application is that when they submit their Form I-485, they do not understand or misinterpret how the beneficiary entered the U.S. The intending immigrant beneficiary has to have been admitted and inspected or admitted and paroled in the United States to adjust. Those who entered without inspection are not able to adjust in the United States and would have to proceed with consular processing abroad.
It is possible that because of the manner of entry and unlawful presence in the U.S. thereafter, that the beneficiary would require a waiver of unlawful presence before departing the U.S. It is recommended to reach out to an attorney if a person is having difficulty understanding any application process to avoid any hardship and to ensure that these petitions are submitted appropriately.
Contacting an Attorney
Immigration is a prosperous and exciting time for applicant’s and their families. However, the process for obtaining legal status in the U.S. could be confusing for families who are unfamiliar. That is why it is always recommended to work with a lawyer who has dealt with various immigration issues in the past. A lawyer could help you navigate through the legal process and advise you on what your next steps should be.