Process of Obtaining a Family Green Card in Fairfax

There are many things for an individual to understand when obtaining a family green card in Fairfax. The element that people are most surprised about when doing an initial consultation if they do not have a lot of background knowledge about this process is the time that it takes for individuals to be eligible for any kind of legal immigration status.

For instance, for brothers and sisters of U.S. citizens, if a person is applying for a family member from the Philippines the wait is about 23 years. If a person is applying from Mexico, it is about 19 years. Any other region in the world, a person is still looking at about a 13-year wait for that category. It is not an immediate task to a legal status. Some of the categories are a lot faster, but even for sons and daughters of legal permanent residents, which is the F2B category, there is about a six-year waiting period from most countries in the world right now.

Submitting the Proper Documentation

In a case where a U.S. citizen is applying for an immediate relative in the United States like a spouse, and the spouse is already in the U.S. in a lawful status or entered legally even if they have overstayed that status, the U.S. citizen can petition for a green card in the United States. They can do so without having to leave or reapply for any other waivers of inadmissibility, assuming that the beneficiary does not have a criminal record or other grounds of inadmissibility.

In those cases, the I-130 and I-45 application, which is the green card application, is submitted. Also submitted are a work authorization application and an application which will allow the individual to travel while the application is pending.  All of those applications are submitted, along with the affidavit of support application, which shows the petitioner or the joint sponsor will be able to financially support the immigrant when in the United States. That is found on Form I-864.

Required Application Procedures

Medical examinations will also need to be submitted as part of applying for green card status in the United States. An individual will need to be examined by a civil surgeon to prove that they have all their vaccinations and do not have any medical conditions that would make them inadmissible.  Then, the USCIS is contacted to schedule the fingerprinting process. The next step will be that they will receive their work authorization and the approval for the advanced parole application.

Several months later, the individual will be scheduled for an interview, although sometimes interviews can be waived and they will go speak to a USCIS officer about their basis, eligibility, and bonafide relationship. Assuming it gets approved, they will be issued their green card. If their application is based on marriage to a U.S. citizen, they can apply for naturalization three years later.

Instances of Inadmissibility

There are a number of grounds for inadmissibility, especially from any health related issues. Certain medical conditions can make a person inadmissible. Also, if a person is any kind of a national security risk or had connections to terrorist organizations, those kinds of things can make that person ineligible.

Many criminal offenses can make a person inadmissible. Prior immigration violations, for instance, if a person has an outstanding order of removal or deportation, can make a person inadmissible. Also, even if a person is married to a U.S. citizen, if it is without inspection that person is not going to be immediately eligible for a green card.

There is a long list of things that can make people inadmissible or ineligible to immediately receive their green card. If a person has anything other than a completely straightforward case where they enter unlawfully and married to a U.S. citizen and with no criminal record or prior application violation, that person should consult an attorney.

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