Family Preference Visas in Fairfax

If you want to know more about family preference visas in Fairfax, speak with an accomplished immigration attorney that could answer your questions.

What Happens if a Non-Immediate Family Member Visits and Decides They Want to Stay?

Someone’s non-immediate family member cannot have Form I-130 filed on their behalf along with Form I-485, which is different from immediate family members who can proceed with adjustment at the same time that the Petitioner files the I-130. The reason is that for immediate relatives there is always a visa immediately available allowing them to adjust. Conversely, the non-immediate family members go into the category of family-sponsored preference and must wait for their priority date to become current in order to file for adjustment or to proceed with consular processing abroad.

One possible way for a non-immediate family member who came to visit someone and wants to stay is to have that non-immediate family member file for a change of status that will allow them to stay lawfully while they wait for their priority date to become current. An example is if a non-immediate family member came to visit the U.S. as a visitor, they would be able to file a change of status to an F-1 Visa or another non-immigrant visa category that would allow them to remain in the U.S. under lawful status, and then that family member would be able to adjust once a visa becomes available to them. The difference between being an immediate relative and a non-immediate relative is significant because when an intending immigrant Beneficiary submits Form I-485, they can remain in the United States pending the adjudication of Form I-485, the filing of a standalone I-130 does not provide this benefit.

Who is Included in the Family Preference Categories

When applying for family preference visas in Fairfax, it is important to be cognizant of the family preference categories that exist. Those included in the Family Preference Category 1 are unmarried sons and daughters aged 21 years or older of U.S. citizens. Family Preference Category 2 refers to spouses and children of permanent residents (F2A) and unmarried sons and daughters aged 21 or older of permanent residents (F2B). Those included under the Family Preference Category 3 are the unmarried daughters and sons of United States citizens. Those included under the Family Preference Category 4 are the brothers and sisters of adult U.S. citizens.

People who are included in the family preference category could apply for a visa by having someone petition for them by filing Form I-130 which starts the process to request that that family member is allowed to immigrate to the United States. That form also shows the relationship between the Petitioner and the Beneficiary as seen in categories 1-4.

Family-Sponsored Preference Visa

A family-sponsored preference visa or family preference visa includes other family relationships that exist between the Beneficiary and a Petitioner that are not covered by the immediate relative petition, and family preference visas also include petitions filed by a permanent resident for their spouses and children. The purpose of a family-sponsored preference visa is to allow U.S. citizens and lawful permanent residents to petition for their family members who are not included in the immediate relative category. The Department of State issues a visa bulletin that shows the number of visas that are available for each family preference visa category.

How is the Quota or the Number of Visas Likely to Change?

Each preference category includes a fixed number of available visas and visas not used by other preference categories. However, there is the possibility of obtaining additional visas that are not used. Priority dates for each visa category advance or slow down based upon the visas that were issued in the previous months, which means that the Visa Bulletin is always subject to change. Every month the Department of State publishes the Visa Bulletin so if anyone has questions about how long it will take to be able to file for adjustment or file their Immigrant Visa, the Visa Bulletin should always be referred to. If an individual wants to know more about family preference visas in Fairfax, speak they should speak with a capable immigration lawyer that could help.

Family Preference Visas in Fairfax

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