Applying for a Family Preference Visa in PG County

Applying for a family preference visa in Prince George’s (PG) County can be a difficult task to undertake by yourself. Whether you are applying or assisting a family member, having the help of a knowledgeable attorney can have a positive impact on your ability to submit a successful application.

An immigration attorney can keep you apprised as to what is going on with the application and let you know when the priority date becomes current on an application and when the visa becomes available for those family members who are residing abroad. To get started on reviewing your case, be sure to schedule a consultation today.

What is the Process of Applying for a Family Preference Visa?

The application process begins with the petitioner. The petitioner can either be a U.S. citizen or a lawful permanent resident submitting Form I-130 on behalf of their relative.  The Form I-130 is the petition for an immigrant relative on one’s behalf. After the I-130 is approved and the visa becomes available according to the visa bulletin, the intending immigrant should then submit Form I-485, which is the Green Card application, if they are lawfully inside of the United States.

If the intending immigrant is abroad, they will then submit the immigrant visa application, be interviewed by the States Department at the US Embassy, and then enter the United States and receive their Green Card in the mail.

Facts Needed to Demonstrate in an Application for a Family Preference Visa

The primary thing applicants need to demonstrate is the relationship between them and the U.S. citizen or the lawful permanent resident petitioner. If the U.S. citizen or lawful permanent resident is their spouse, child, or sibling, the intending immigrant will need to submit evidence that supports the relationship, such as a birth certificate demonstrating the status of the person who is petitioning for them. For spouses, applicants will be required to submit a marriage certificate.

Is the Application Process Difficult?

The application itself is not complicated; it asks very detailed information, but it is biographic information that most individuals have readily available. The problem becomes when the I-130 is approved and one needs to submit the DS-260 online if the person is living abroad or if one is unaware when they can submit the 485, the Green Card application. This is when most applicants encounter a bit of difficulty.

Does the Applicant Have to Attend an Interview if They Live Abroad?

The U.S. Citizenship and Immigration Services (USCIS) is the agency that determines whether an interview is scheduled for applicants inside the United States. If the relationship between the petitioner and the beneficiary is a spousal relationship, then it is likely they will be interviewed because USCIS wants to determine if it is a legitimate marriage, otherwise known as a bona fide marriage, or if it is a marriage for immigration purposes.

However, the intending immigrant is less likely to be interviewed when it is a mother petitioning for their child or an adult U.S. citizen child petitioning for his or her mother.

Common Reasons Why an Application Can Be Denied

The most common reason for being denied is failing to establish the validity of the relationship. If the intending immigrant cannot establish that the beneficiary is a U.S. citizen or the lawful permanent resident’s spouse or parent or sibling, then the USCIS will go ahead and deny that application. Once an application is approved, the common mistakes made with the filing of the I-485 or the DS-260 immigrant visa application relate to inadmissibility bars.

If the person is ineligible to enter the U.S., perhaps they have committed past immigration violations or have a criminal history, then they can be barred from entering the United States without first acquiring a waiver of inadmissibility.

How Can an Attorney Be of Benefit to One’s Application?

An immigration attorney can advise you about who the best petitioner will be in your family, whether multiple petitions are advisable given the petitioner’s age and health, and whether you are eligible to file an application for adjustment of status or whether consular processing will be required. Additionally, an immigration attorney will be able to assist with compiling evidence that can prove the family relationships.

For more insight on applying for a family preference visa in PG County, be sure to get in touch with our firm today.