Mistakes to Avoid in a PG County Immediate Relative Visa Application

There are many mistakes a person can make when helping an immediate relative obtain lawful permanent resident status. Our experienced attorneys have compiled some of the more common mistakes individuals can make in order to help other families during the application process. However, for a more detailed discussion regarding the mistakes to avoid in a PG County immediate relative visa application, feel free to schedule a consultation with a knowledgeable immigration attorney today.

Roadblocks that a Family May Face when Legalizing the Stay of an Immediate Relative

One of the most common roadblocks that people face when trying to adjust the status of an immediate relative is related to how that immediate relative entered the United States. Oftentimes, people want to apply for a Green Card in the United States, but they entered without inspection, meaning they entered crossing the border.

Those who entered without inspection are not eligible for a Green Card inside of the United States, unless they are eligible to adjust under a special provision called 245(i), which requires that an approvable  petition be filed on behalf of the adjustment applicant before April 30th, 2001. If the applicant does not have this relief available to them, the applicant will have to have their interview for their immigrant visa abroad rather than applying for adjustment of status.

Additionally, applicants may face roadblocks if they have issues with previous violations of immigration laws. If the person previously misrepresented information on an application, they may be found inadmissible to receive a Green Card and they might need a waiver of inadmissibility.

There may also be issues with previous removals or deportation orders. Those who have removal orders will need to take additional steps before they can acquire a Green Card.

How Long Does It Take for an Immediate Relative to Obtain Permanent Resident Status?

The process varies depending on how quickly one will be able to have a Green Card in their hands depending if the applicant is eligible to have a Green Card filed inside of the United States or whether they will have to consular process. It can currently take about 10 to 11 months for a Green Card to be adjudicated inside of the U.S. while the process may take a bit longer through consular processing depending on the U.S. Embassy’s availability for an interview.

Precautions a Person can Take to Ensure their Family’s Visa will not be Denied?

The first measure a person can take is to ensure that all the information submitted in their immigration forms is correct. This means the spelling of names, dates of birth, current place of employment, and addresses are without error. The second measure is to ensure that the applicant has submitted all the documentation that supports the relationship with the person who has petitioned for them. For instance, for a spousal petition, applicants should submit their marriage certificate as well as evidence that any previous marriages have ended in divorce or in death. This is to make sure that the couple was eligible to marry at the time they were married.

What Happens Following an Approval?

Once an application for I-130 has been approved and the person is overseas, they will then apply for their immigrant visa. If the person is inside the United States and the application is approved, that person should have applied for Form I-130 and the I-485 at the same time if they were the immediate relative of a U.S. citizen and had a lawful entry.

Get in Touch with an Attorney to Learn More

Before beginning an immigration process of any kind, individuals should take the time to learn more about the potential obstacles families can encounter while trying to obtain lawful permanent resident status for their immediate relative. Doing so can prevent potential delays during the process, while at the same time, increasing the likelihood of a successful application. For more information regarding the biggest mistakes to avoid in a PG County immediate relative visa application, schedule a consultation today.