Immediate Relative Visas in PG County

Immediate relatives are spouses of U.S. citizens, unmarried children under the age of 21 of U.S. citizens (including adopted children) and parents of U.S. citizens (who are over 21 years old).

Relatives looking to obtain lawful permanent resident status (otherwise known as a Green Card) are required to submit various forms of paperwork. Though this may seem fairly straightforward, the truth of the matter is that applicants can make crucial errors without the help of an immigration attorney with experience. To learn more about what a legal professional can do for you, call today.

How Does an Immediate Relative Apply for an Immigrant Visa or Adjustment of Status?

An immediate relative of a U.S. citizen applies for lawful permanent resident status in two different ways.

If the immediate relative is living inside of the United States and entered lawfully, their U.S. citizen relative will file Form-130, Petition for Alien Relative, and then the immediate relative files Form 1-485 concurrently, which is the application to register permanent residence or adjust status. By filing these two forms together, the immediate relative can apply for a Green Card or lawful permanent resident status inside of the U.S.

If the immediate relative is living outside of the U.S., then the process begins with the U.S. citizen filing Form I-130, but because the immediate relative is not present in the United States the Form I-130 needs to be adjudicated by the USCIS before the immediate relative can immigrate.

After the Form I-130 is approved, the immediate relative applies for the immigrant visa (Form DS-260) and they are scheduled for an interview at the U.S. Embassy or Consulate in their home country. They will then enter the United States once that immigrant visa has been approved, and shortly after their entry, their Green Card arrives in the mail.

Where Can an Applicant Find From I-130?

Form I-130 is available online at uscis.gov. To file the I-130, an applicant must complete the form, sign the form, provide the filing fee to the U.S. Department of Homeland and Security, and provide the required supporting evidence.

For the DS-260, the immigrant visa application for those living abroad, it is completed online and submitted to the State Department along with the required fees. Once it is submitted online, the applicant will then be scheduled an appointment at the U.S. Embassy or Consulate.

Can an Immediate Family Member Decide to Stay in the United States Upon Visiting?

Whether a person’s relatives can stay in the United States depends entirely on the purpose of their stay. If they entered with a tourist visa, that person is indicating to Customs and Border Protection (CBP) that they are coming to the United States to visit and that they are going to leave. Applying for a Green Card immediately after entry implies that a person committed immigration fraud/misrepresentation since it means that they have lied to CBP at the time of entry. However, if a person enters the country under an F1 student visa, for example, and they begin their course of study and thereafter marries a U.S. citizen, then that person can apply for adjustment of status.

Be Sure to Schedule a Consultation Today

It is always an exciting time for a family when an immediate relative begins the process to immigrate to the United States. Unfortunately, there are many obstacles and plenty of room for error which can make this process difficult. However, with the help of a trusted attorney, you may be able avoid having an application delayed.

To learn how a lawyer experienced in immediate relative visas in PG County can help your case, be sure to schedule a consultation today.