Process of Applying for Immediate Relative Visas in Fairfax
Individuals who wish to see their relatives obtain visa status in the United States must follow a strict legal path. While the process of applying for immediate relative visas in Fairfax could be complex, a well-practiced lawyer could help. An experienced immigration attorney may be able to explain the requirements you and your loved one must guide you through the process. To get started, schedule a consultation today.
Common Roadblocks that Families May Face When Legalizing the Stay of an Immediate Relative
There are some roadblocks that a family might face when legalizing the stay of an immediate relative. The most common are:
- Entering without inspection
- Having a previous removal
- Having previous violations of immigration laws
Other grounds of inadmissibility may include security, health, and criminal-related issues. Individuals who wish to apply for immediate relative visas should speak with a Fairfax attorney and understand what obstacles they may face during the legal process.
Time Length for Immediate Relative to Obtain Permanent Resident Status
Depending on the processing times for USCIS, or the United States Citizen and Immigration Service, the time it takes for an immediate relative to obtain permanent resident status varies. One can check at USCIS.gov for the current processing times for Form I-485. For example, as of August 2018, immigration officers at the Washington, DC field office, located in Fairfax, were currently adjudicating Form I-485 Applications filed 11 to 20 months prior. In terms of a U.S. citizen’s immediate relative processing overseas, the processing time depends on multiple factors.
As an adept attorney could explain, those factors include:
- The processing time for the service center that receives the Form I-130 for the Beneficiary
- How quickly the National Visa Center received the approved Form I-130 from the USCIS
- How quickly the fees are paid
- How quickly the intending immigrant submits the required documents and applications
- The U.S. Embassy schedule for interviews
- How soon the Beneficiary immigrant enters the U.S. to wait for the mailing of their lawful permanent status or Green Card
Precautions to Prevent Denial of a Family Member’s Visa
There are a few precautions that a person in Fairfax can take during the application process to ensure that visas are not denied for their immediate relatives. Initially, the Petitioner filing the Application should make sure that the information included the Application is correct. That includes dates of birth, the spelling of the Beneficiary’s name, whether the Beneficiary has any spouse or children derivatives and whether those derivatives will be joining the principal intending immigrant.
Second, they should ensure that the Beneficiary is eligible for the immigration benefits sought. People must remember that the family relationship has to exist at the time of the filing. There cannot be a fiancé petitioning for someone as a spouse without them being married. Additionally, the Petitioner and the Beneficiary have to provide USCIS (United States Citizen and Immigration Service) and the National Visa Center all the evidence that is requested by them, whether that includes a marriage certificate, a birth certificate, medical examinations, pictures, proof of income and other materials.
The Petitioner and the Beneficiary must then ensure that any documentation that they provide to USCIS or the National Visa Center that is in a foreign language (not in English) is accompanied with an English translation and with the appropriate translation certification as well. That will allow the USCIS and the National Visa Center to process the application quickly instead of delaying the process by asking the Petitioner and the Beneficiary for a translated accompaniment of the provided foreign language document.
What to do After a Loved One’s Application is Approved
After a family member’s I-130 and I-485 applications are approved, presuming that the applications were filed concurrently since the Petitioner and Beneficiary are immediate relatives and the Beneficiary is present in the U.S., the family member only has to wait for the approval notices and for the actual Green Card to arrive in the mail.
If only the I-130 was filed, and the concurrent filing of the I-485 was available but not filed due to error or oversight then the immediate relative Beneficiary should file the Form I-485 with the I-130 approval notice and the evidence of the relationship that was sent with the I-130. At that point, they have to wait for an interview or for an Approval Notice.
If the intending immigrant Beneficiary is overseas (or not an immediate relative), then they have to wait for the National Visa Center to be notified of the I-130 approval and then they will request additional documentation, the payment of fees, and the Immigrant Visa Application for that Beneficiary.
Once everything is received by NVC, the U.S. Embassy or the Consulate schedules an interview. If the Immigrant Visa is approved, then the intending immigrant Beneficiary has to enter the U.S. before the expiration date printed on that visa which is typically six months after issuance. After the intending immigrant enters the United States, then they will receive their Green Card at the address provided in their applications.