Leesburg Immediate Relative Visa Lawyer
Finding yourself separated from immediate family due to the strict immigration laws of the united state may be frustrating. However, with the help of an experienced attorney, obtaining a visa may not be as difficult as it may seem. A Leesburg immediate relative visa lawyer could help you file the necessary paperwork while corresponding with you.
What Happens after an I-130 Application is Approved
Once a family member’s I-130 application filed by a U.S. citizen or lawful permanent resident is approved, they may apply for adjustment of status if lawfully present in the U.S. or submit an immigrant visa application if abroad. If the beneficiary was present in the U.S. after a lawful admission and petitioned by a U.S. citizen and was the U.S. citizen’s spouse, child under 21, or parent, then the beneficiary should have submitted the Form I-485 concurrently with the I-130.
If the beneficiary is abroad, when the I-130 is approved, they may have to wait for the National Visa Center (NVC) to contact them. After they receive the approved Form I-130, the National Visa Center will request the payment of the immigrant visa fee and affidavit of support fee, once those are processed the beneficiary can complete the DS-260 Immigrant Visa Application and send the supporting documents to be scheduled for an interview. The interview will likely be held either at a U.S. embassy or consulate in their country. However, if their country does not have an embassy or consulate, then they will go to the nearest U.S. Embassy or consulate.
If the immigrant visa application is approved, the beneficiary immigrant must enter the U.S. before the expiration date of the visa that is put in their passport. Typically, they have a six-month window to do so. After they enter the U.S., they will receive a Green Card or conditional permanent resident card to the address indicated in the immigrant visa application. Timing is critical for these forms, and a Leesburg immigration lawyer could help you file them.
Conditional Permanent Resident Card
A conditional permanent resident card is a type of Green Card that is for two years instead of the usual 10-year period.
Reasons for Receiving a Conditional Permanent Resident Card
An immediate relative is issued a conditional resident card because they are the immigrant spouse (or derivative child of a spouse) of a lawful permanent resident or a U.S. citizen and have been married to the petitioner for less than two years. So, within 90 days before the expiration of their two-year Green Card, they will have to file the Form I-751 in order to remove the conditions of the conditional resident card and receive a 10-year lawful permanent resident card. A Leesburg family immigration attorney could help you file the necessary paperwork.
How To Remove a Conditional Aspect of a Visa
The petitioning spouse and the beneficiary who is the conditional resident must jointly file the Form I-751 to remove the conditions of two-year residence card. They may do so by providing evidence that the petitioner and the beneficiary continue to be in a legitimate marriage. They could show this by providing evidence of the continuing marriage by submitting evidence of joint bank accounts, leases or deeds, birth certificates of children born to the marriage, or any other evidence that shows that the petitioner and the beneficiary continue to be in a legitimate, ongoing marriage.
Sometimes, though, the conditional permanent resident and the petitioner are no longer married. If that is the case, one has to consider why they are not married anymore. If they are no longer married, they could file the Form I-751 with a waiver of the joint filing requirement by stating that the marriage was entered in good faith but that, for one reason or another, the marriage was terminated.
If the marriage was entered in good faith but then the beneficiary was a victim of abuse perpetrated by their spouse, then they could file the Form I-751 stating so. Additionally, the conditional resident could submit Form I-751 by describing how the termination of their resident status and then subsequent removal from the United States would result in hardship.
DAPA and How the Program Has Changed
DAPA refers to the Deferred Action for Parents of Americans and Lawful Permanent Residents. DAPA does not currently exist. DAPA was announced by President Obama as a way for undocumented parents of U.S. citizens or lawful permanent residents or lawful permanent residents’ children who have been in the U.S. continuously since January 2010 to apply for a deferred action, which would allow them to remain in the U.S. under authorized stay. However, it was never enacted, so anyone who was considering DAPA as a route should contact a Leesburg immigration attorney and see what other viable options are available for them.
Contact an Experienced Immigration Attorney Today
The bureaucracy of filing for a visa could seem to never end. It could be frustrating spending time away from family because of the lack of the proper visa. A Leesburg immediate relative visa lawyer could help you file the required paperwork that could allow you to enter the united states and reunite with your family.