Process of Filing a Family Preference Visa in Montgomery County

Filing an application for a family preference visa could be challenging for families who are not familiar with the demands of this process. Applicants are required to submit various documents and forms which could prove difficult to obtain or fill out without the right help. A knowledgeable attorney who is well-acquainted with the process of a family preference visa in Montgomery County could prove to be of great assistance in this matter. For help, contact a lawyer today to get started on your case.

Process of Allowing a Visting Non-Immediate Family Member to Stay in the US

The process for allowing a non-immediate family member to stay in the United States depends on the relationship and intention. If someone is trying to extend their stay in the U.S., they can file an extension of status that would allow them to remain in the U.S. lawfully for a longer period of time. They could also try to do a change of status to become a student, which would make it easier to stay in the U.S. enough for the length of their enrollment.

In order to stay in the U.S. permanently, the process is more complicated. A non-immediate family member is not the same as an immediate family member who can file Form I-130 and a Form I485 at the same time. The non-immediate family member would have to file the Form I-130, which does not extend any status or grant status.

Qualifying for a Family Preference Category

In order to qualify for a family preference category, an applicant would have to submit Form I-130. This would begin the process allowing the petitioner to submit the application on behalf of the beneficiaries. The following categories a person could apply for includes the following:

  • Category 1: Unmarried children (over 21) of U.S. citizens, as well as any minor children of those sons and daughters
  • Category 2: Spouses of permanent residents and unmarried children who are older than 21 years old
  • Category 3: Married children of U.S. citizens, as well as any minor children of those married children
  • Category 4: Siblings of adult U.S. citizens, as well as their spouses and minor children

Quota of a Family Preference Visa in Montgomery County

The Department of State has a visa bulletin that shows the number of family preference visas in Montgomery County available for each preference category. However, it is important to keep in mind that this number is likely to change. If the visas are not used up by one category, they can be transferred over to another. Also, priority dates must be taken into account because they can slow down based on the number of visas that were given in the previous months. The visa bulletin is issued once a month, so it is always important to check it to see how many are being given out at the moment.

How to Determine the Wait Time for a Family Preference Visa

The wait time can vary for those who have applied to legalize their stay using the family preference category. A person should first identify which category the family member would fall under as well as their priority date.

It should also be taken into account that if the family member is abroad, a person would check the National Visa Center (NVC) in order to determine the wait time for a family preference visa. The NVC can see if a visa is available and then contact the petitioner and the beneficiary to start the visa process. The NVC would notify the applicant regarding their interview to take place at the U.S. embassy or consulate.

Qualifying for a Higher Family Preference Category

If a person’s situation changes, they should select the category that would probably be the quickest for them to adjust, since a category could speed up or slow down over the other. Also, if the petitioner’s status were to change, they would have to make sure to check the priority dates. This is because it is possible that a lawful permanent resident petitioner might have a more advanced date than a U.S. citizen.

Contacting an Attorney for Assistance

The process of a family preference visa in Montgomery County could be lengthy. This makes it all the more important to submit an error-free application as soon as possible. However, doing so could prove difficult for applicants who have limited experience in this regard. That is why it is strongly recommended to retain the services of an experienced immigration attorney who could not only help you review your application, but also help you obtain the necessary documents to be turned in with your application.

Montgomery County Family Preference Visa Lawyer