Applying for a Family Preference Visa in Maryland

Assisting a family member with acquiring a visa is a vital help which could change their life for the better. Unfortunately, applying for a family preference visa in Maryland is more difficult than most people believe. To finish the application in a reasonable amount of time, it may be necessary to enlist the services of a trusted immigration attorney. With a lawyer on your side, you may be able to increase the likelihood of submitting a successful application.

Process for Applying for a Family Preference Visa

The process for applying for a family preference visa is similar to that of an immediate relative. The petitioner would have to file the Form I-130 on behalf of the beneficiary, then wait for the priority date to become current for the category that that beneficiary is part of. Once the date is current on the visa bulletin, they would then be able to submit Form I-485 to adjust, or if they are abroad, proceed to consular processing.

Potential Required Documents

The documents needed to be submitted starts with a petitioner who would have to submit proof of their status. A U.S. citizen needs to provide proof of their citizenship, whether they were born in the U.S. or naturalized. A lawful permanent resident would submit a copy of their Green Card. In addition, proof of relationship between the petitioner and the beneficiary is required. This may include a marriage license, birth certificate, or proof of adoption.

Difficulty Level of Application

The application can be confusing because it is very detailed and requires a lot of information. The newer Forms include questions that ask a lot of information about the petitioner and the beneficiary. If there is any information that was not put down correctly, it can lead to either a denial or a Request for Evidence.

There are also people who have legitimate family relationships but for some reason, cannot provide that evidence. Having secondary evidence is important because it can be something the USCIS would accept for the application to go forward. If the petitioner and beneficiary were to receive a Request for Evidence, it would delay the approval of the I-130. It is always a good idea to have an attorney help.

Preparing for an Interview

An interview may be needed depending on the relationship between the beneficiary and the petitioner. If spouses were recently married, the USCIS is likely to interview them to see if it is a bona fide marriage. It also depends on if the petitioner is in the U.S. and the beneficiary is overseas. If the beneficiary is overseas, they would have to be interviewed at the U.S. embassy or consulate where they are located.

Common Reasons for an Application to be Denied

An individual would not be issued a family a preference visa if they fail to show the relationship that they stated in the application. They need documentation to show the connection between the family members, and if they cannot, that in itself is a denial. Also, if the individual wanting to immigrate has inadmissibility issues, they will likely face a denial if they did not submit a waiver for their inadmissibility grounds.

Benefits of Working with an Attorney

For a family trying to bring other members of their family to the U.S., a family preference visa attorney may be able to inform you about the best route to take in order to petition for a family member. An attorney would also be able to advise you on how applying for a family preference visa in Maryland is different if the beneficiary is overseas and ensure that their forms are filled out correctly to avoid Requests for Evidence or denials.