Family Green Card Petition Process in Fairfax

The initial application in the Fairfax family green card petition process is filed on Form I-130. It is a family based petition for all sorts of relative-based applications, including marriages, parent-child relationships, and brother-sister relationships. After filling out the form it will be submitted domestically with the USCIS.

That initial application does not give a person any actual status because it only proves that the petitioner is legally eligible to apply for them so they have to be a legal permanent resident or a citizen and that the relationship is a bonafide familial relationship between the petitioner and the beneficiary. An experienced family green card lawyer can guide you and your loved ones through the green card application process and the information you need to apply.

Definition of a Priority Date

The first step in most cases for most of the family-based categories is they filing separate applications, it will be a standalone application and on the date that they submit the application, they will receive something called a priority date.

A priority date is when the USCIS received the application. An important family green card petition process in Fairfax is keeping track of when the priority date will be because when that time comes, the individual will be on their way through the queue for their category. This means the USCIS will begin processing the application either on the priority date or before their I-130 date. The individual will then become eligible for status. However, this part of the process only applies to those not entering through priority categories.

Immediate Relative Category

If a person is in the immediate relative category in Fairfax, then they can actually start the family green card petition process for their relative at the same time that they file their I-130. The way that the process actually manifests itself will depend on where the intending immigrant is located at the time of violence.

If a person is in a situation where they are a US citizen and they have a spouse that they are going to be applying then they will have to file the Form I-130 here in the United States and then they will have to coordinate the entry of their family member to the National Visa Center in the consulate where they are located and they will enter the country actually as a green card holder.

The actual green card itself comes a few weeks after a person entered the country. However, they enter in lawful permanent resident status if they are an immediate relative and they have an approved I-130 that a person is using to enter. It is a different situation for people who are present in the United States and the difference depends on a number of different factors; first of all it depends on whether or not they entered legally with inspection or if they entered illegally.

Falling out of Status

If a person is a spouse of a US citizen or an immediate relative of US citizen and they entered the country with inspection, then they can actually apply for their whole green card application and the I-130 in one package even if they have fallen out of status. Even if a person entered on a visitor’s visa and has been out of status for five years but then they get married to a US citizen, they can apply for their green card along with I-130 all in one package. By doing this, they will immediately be eligible for a green card.

There is a waiver for the unlawful presence for people that have overstayed their status if and only if they entered lawfully so that is a whole other thing to consider if they have any other grounds of inadmissibility like prior orders of deportation or criminal issues. If they entered the United States legally and they are married to a US citizen, they can get their green card. If a person entered illegally, then they are not eligible to apply for their green card. For the straightforward, one-step Fairfax family green card petition processto apply for their green card along with the I-130 application, they are not eligible if they did not enter with an exception.

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