Applying for an Arlington Immediate Family Visa

There are many things to take into account when applying for an immediate family visa. For example, applicants must make sure that they are submitting the appropriate documentation in addition to the application itself. Applicants and petitioners should also make sure that they do not commit any mistakes during the application process. Errors could negatively impact an application. For more information about applying for an Arlington immediate family visa, get in touch with an experienced attorney today.

Importance of Locating the Immediate Relative

Before considering applying for an Arlington immediate family visa, a person has to consider where the immediate relative beneficiary is located. A person should also consider whether they are in the United States or outside of the United States. If the beneficiary is in the United States, then the petitioning U.S. citizen family member would be able to submit the Form I-130. The beneficiary immediate relative would be able to file the Form I-485, which is the Application to Register Permanent Residence or Adjust Status with the USCIS together with the I-130.

Things to Consider Before Applying for an Immediate Family Visa

Before submitting the Form I-130 and I-485, there are a couple of things applicants should consider. A person should consider whether the beneficiary immediate relative was inspected and allowed to enter the United States. The beneficiary immediate relative also has to be physically present in the U.S. at the time of the filing of the I-485. Additionally, the family relationship must exist at the time of the filing of the I-130 and I-485. For example, if the petitioner is a U.S. citizen who is filing for their husband or wife, then they would have to be legally married at the time in order to submit the petition.

The petitioner must also consider whether the intended beneficiary has any bars that would prevent the beneficiary from adjusting their status. This is the case if they have any criminal or immigration violations which would require a waiver of grounds of inadmissibility. If so, a waiver is submitted with the I-485. After a person submits the I-130 and I-485, the beneficiary would wait for an approval or be scheduled for an interview with the USCIS local office.

Process for Relatives Living Outside the U.S.

If the beneficiary is outside of the United States, the process for applying for an Arlington immediate family visa is similar. The U.S. citizen petitioner would have to file the Form I-130 with USCIS but, because the beneficiary immediate relative is overseas, they are going to have to wait for the I-130 to be approved first before the beneficiary can continue with the application process abroad. If the Form I-130 was filed by the U.S. citizen on behalf of their spouse, they can apply for a K-3 visa while they wait for their Form I-130 to be approved. Then the beneficiary can submit the Form I-485 when they enter the United States.

However, if the process if to proceeds from abroad, the National Visa Center is contacted by USCIS indicating that the Form I-130 petition was approved. After the National Visa Center receives that confirmation, they will contact the beneficiary immediate relative to submit the DS-260, Immigrant Visa Application, fees, and other supporting evidence.

Thereafter, the U.S. Embassy or Consulate abroad schedules the beneficiary for an interview . If the country does not have an embassy or consulate, the beneficiary will be scheduled for an interview in the country nearest to them that does have a U.S. Embassy or consulate. After the interview, the beneficiary will wait for the decision to be made.

Let an Arlington Attorney Help with Your Immediate Relative Visa Application

If you need assistance reuniting your family in the United States, consider working with an experienced immigration attorney. The process of applying for an immediate relative Visa could be made easier with assistance from an Arlington lawyer. Call today to schedule a consultation.