Applying for a Family Preference Visa in Virginia
The process of applying for a family preference visa in Virginia starts with a petitioner submitting Form I-130 to the United States Citizenship and Immigration Services on behalf of the beneficiary family member. The petitioner is a U.S. citizen or a lawful permanent resident. When the priority date becomes current for that particular preference category, the beneficiary will be able to either apply for adjustment with Form I-485 or submit the immigrant visa to start consular processing.
When applying for a family preference visa in Virginia, it is advisable for individuals to consult with an experienced immigration attorney. A lawyer could help walk you through the steps to ensure that it is a smooth process.
Documents Needed to Submit When Applying
When someone is applying for a family preference visa in Virginia, it is important that they know which documents they need to submit. For Form 1-130, the most important document to be submitted is the proof of the petitioner’s status, whether they are a U.S. citizen or a lawful permanent citizen. For the U.S. citizen, it can be a birth certificate, passport, or a naturalization certificate. For the permanent resident, it is a copy of the lawful permanent resident’s Green Card. Then they must submit evidence of the family relationship between the beneficiary and the petitioner.
Proof of Family Relationship
The documents needed to present to USCIS depend on the relationship between the petitioner and the beneficiary. For a spousal petition, one would need to show:
- That it is a bona fide marriage
- The marriage was legally valid when it was entered
- Proof that a valid marriage is still in place
The proof of marriage could be shown through the birth certificates of children, joint ownership of property, joint ownership in bank accounts, and joint ownership in leases.
If the application is between a parent and a child, then a birth certificate would be enough to show the relation between a mother and child. For a father-child relationship, they would need a birth certificate and also a proof of marriage to the mother at the time the child was born. However, not every child is born in wedlock, and in those situations, they need to show evidence of having a bona fide child-parent relationship. In a sibling case, one would have to prove that the petitioner and the beneficiary share at least one parent in common.
Importance of Detail in a Family Preference Visa Application
Applying for a family preference visa in Virginia is not entirely complex, however, it is very detailed. The current Form I-130 requires more information from both the petitioner and the beneficiary than other previous versions of it. Additionally, it requires more evidence with the original submission. If for some reason someone does not have the primary evidence of the familial relationship, they must submit secondary evidence to the USCIS in order to support the relationship. Otherwise, without the proper evidence, it is likely the petitioner will receive a Request for Evidence from USCIS. Due to the application process, it is imperative for the individual to seek the services of a well-established attorney.
Benefits of Hiring an Immigration Attorney
There are many benefits to hiring an immigration lawyer when applying for a family preference visa in Virginia. For instance, an attorney could help the family expedite the process and make recommendations regarding who should be the petitioner, whether multiple petitions should be filed, whether the beneficiary should transfer from one preference category to another, and whether they should pursue a family-based petition or opt for an employment-based petition.
Attorneys could assist with processing overseas and making sure that all the documents establishing the relationship and the status of the relationship are appropriately filled out. Also, a lawyer could help you avoid any unnecessary delays and ensure that every step of the process is covered.