Family Preference Visa Application in DC

There are several factors and documents that are important to have if someone is filing family preference visa application in DC. Having multiple petitions filed on behalf of the same beneficiary can get quite expensive, but as far as the immigration process is concerned, the beneficiary can proceed with the approved petition with a priority date that becomes current first. There are benefits to attaining a skilled immigration attorney who understands family preference visas in DC.

When someone if filling out a family preference visa application in DC, they will need a skilled immigration lawyer. The application itself is neither difficult nor confusing but it is rather detailed. The updated I-130 requires more information about the petitioner and the intending immigrant than previous iterations. The accuracy of this information is of utmost importance. Additionally, when primary evidence of the family relationship is not available, it is imperative that the secondary evidence submitted is evidence that USCIS accepts. Providing the correct evidence will avoid receiving a Request for Evidence (RFE) from USCIS, which will delay the approval of the I-130. It is essential that your family hires a knowledgeable immigration attorney to help you through the application process. They can answer any questions you may have and ensure your legal rights are being protected.

Process of Applying for Family Preference Visa

The process begins when the petitioner, either the United States citizen or permanent resident, files Form I-130, Petition for Alien Relative with USCIS.  Thereafter, when the priority date becomes current for the preference category applicable to the beneficiary then they either appliapplyI-485 adjustment or files an immigrant visa to proceed with consular processing.

Important Documentation

The primary documents required for the I-130 are the evidence of the petitioner’s status as a United States citizen (that can be a birth certificate, passport or naturalization certificate, or evidence of permanent resident status, a copy of the permanent resident card) and evidence that proves the familial relationship between the petitioner and the beneficiary including marriage certificates, evidence of dissolution of prior marriages, birth certificates, evidence of adoption, or other evidence that will prove the family relationship.

Application Factors

Depending on the relationship between the petitioner and the beneficiary, different facts must be demonstrated. In a mother-child relationship, a birth certificate would suffice to demonstrate the family relationship. However, in a father-child relationship, a birth certificate, as well as a marriage certificate to the mother at the time the child was born, must be submitted.

For a child born out of wedlock, evidence of being legitimized or of a bona fide parent-child relationship between the father and the child before the child reached 21 years old should be submitted. For step-parents, evidence that the marriage that created the relationship took place before the child turned 18 years of age.

In a spousal petition, evidence that the marriage was legally valid when entered, evidence of the bona fides of the marriage (including joint ownership of property, leases, birth certificates of children, and other evidence of the relationship).

In a sibling petition, the petitioner is required to submit the birth certificates of the petitioner and beneficiary showing that the petitioner and the beneficiary share at least one parent in common.

Interview Process

Whether an interview is scheduled for an I-130 depends on the relationship between the beneficiary and the petitioner and whether the petitioner and beneficiary are both presents in the U.S. USCIS will often interview spouses who have recently married, but may choose not to interview, for example, a mother who was petitioned by her United States citizen child.

Family members abroad will always be interviewed by a consular officer at the United States embassy or consulate in the country in which they are located.

Applying for Multiple Categories

It is permitted for more than one petitioner to file on behalf of the same person. There is no disadvantage in filing multiple I-130s if the beneficiary is concerned that one petitioner may pass away (if the petitioner is elderly or in poor health) or if the beneficiary is concerned that the petitioner might not be willing to help the beneficiary in the future. In this way, the beneficiary can hedge his or her bets and have petitions filed by different family members.

Important Considerations if Not Qualified

Consideration should be given as to whether a category will retrogress. The goal is always to select the preference category that will permit the beneficiary to immigrate or adjust as soon as possible and it may not be advantageous to transfer from one preference category to another. For instance, if a permanent resident parent petitioned a beneficiary under preference category F2B, if the petitioner parent then becomes a United States citizen, the beneficiary can choose to transfer the preference to F1, unmarried sons and daughters of United States citizens. However, before doing so, the beneficiary should consider the current priority dates.

Reasons for Denial

The common reason for the denial of an I-130 is failing to establish the validity of the relationship between the petitioner and the beneficiary. The common reasons for a denial of a family preference visa have to do with inadmissibility issues at the I-485 or the DS-260 application stage. If the beneficiary is found to be inadmissible for an immigration-related bar or criminal bar, the visa application may be denied if a waiver is not filed.

Mistakes When Applying

Some common mistakes when applying for a family preference visa: failing to have the petitioner that can provide the fastest route to an immigrant visa file the I-130, misreading the visa bulletin, and not informing USCIS of wanting to opt out of a change in a preference category or not informing USCIS of a change for family preference to immediate relative.

Benefits of an Attorney

It is always beneficial to consult with an attorney because an attorney can make recommendations as to who should be the petitioner, advise whether multiple petitions should be filed, whether the beneficiary should transfer from one preference category to another, advise as to when priority dates become current, assist with consular processing overseas, and generally ensure that all the documents establishing status and relationship are filed and, in this way, avoid unnecessary delays.

If you are filing a family preference Visa Application in DC, it is critical that you attain a lawyer who can assist your family during this process. It can be a prolonged application process and there are several ways an attorney can provide assistance.