Applying for a Family Preference Visa in Montgomery County

The process for applying for a family preference visa in Montgomery County starts with the petitioner submitting the Form I-130 on behalf of the beneficiary family member. The petitioner is either a U.S. citizen or a lawful permanent resident. When the priority date becomes current for the beneficiary and the category that they fall into, they could submit the Form I-45 application if they are in the United States. If they are overseas, they could submit the immigrant visa application to go on with consular processing overseas at their local embassy or consulate. If there is not one in their country, they would go to an embassy or consulate in the nearest country.

For help with your application, reach out to an experienced family preference visa lawyer today to set up a consultation.

Documents Needed to Submit for a Family Preference Visa

For the I-130 form, the petitioner needs to submit evidence of what their status is. If they are a U.S. citizen, documents will include a birth certificate. If they were born outside the U.S., documents include a passport or a naturalization certificate. If they are a lawful permanent resident, they would submit a copy of their Green Card as well as any documents reflecting the relationship that the petitioner has with the beneficiary. Based on the relationship with the petitioner, documents would include birth certificates, marriage certificates, and any documents regarding adoption.

Proving the Relationship Between the Petitioner and Beneficiary

When applying for a family preference visa in Montgomery County, the petitioner and the beneficiary need to demonstrate their relationship with each other. For example, someone petitioning for a spouse will have to show that the petitioner and the beneficiary are in a bona fide marriage and that the marriage was entered legally. If any of the parties in the marriage were previously married, they will need documents stating that the marriage was lawfully terminated.

For petitioners and beneficiaries that share a parental relationship, some documents will need to be submitted depending if it is a mother or a father. For a relationship in which the petitioner and the beneficiary are a mother and child, typically a birth certificate will be sufficient to show the relationship. If the petitioner and beneficiary are father and child, a birth certificate will have to be submitted and a marriage certificate to the mother at the time that the child was born. For any children that were born out of wedlock, the petitioner will be able to submit evidence of the child being legitimized or evidence that there was a bona fide parent-child relationship between the petitioner and the beneficiary, like father and child, before the child turns 21 years old.

For a petitioner and beneficiary with a relationship, such as a parent or step-parent, they would have to submit evidence that they married the child’s parent before the age of 18. For beneficiaries and petitioners that share their petitioner’s siblings, submitting birth certificates showing that the petitioner and the beneficiary have at least one parent in common would be sufficient documentation.

Getting Interviewed for a Family Preference Visa

The beneficiaries who are abroad always need to be interviewed by an officer at the U.S. embassy or consulate in the countries they are located or the embassy or consulate nearest them. For those in the United States, it would depend on the relationship between the petitioner and the beneficiary. If they are going to be interviewed, they would be notified beforehand.

Those who are abroad would always be interviewed. For those are in the United States, it would depend on the relationship between the petitioner and the beneficiary.

Contact a Montgomery County Lawyer About Applying for a Family Preference Visa

The benefits of hiring an immigration attorney are that they would be able to provide advice to those considering petitioning a family member. If they are able to do so, they would advise who should be the petitioner and who is eligible to petition for the beneficiary if there are multiple family members. If it is advantageous to have multiple petitions filed for the beneficiary, the attorney will be able to let the petitioner beneficiary know when the priority date for that preference category becomes current. If they are doing counter processing overseas, an attorney could assist in preparing the immigrant visa application as well as preparing for an interview.

Call a dedicated lawyer today for help with applying for a family preference visa in Montgomery County.