Immediate Relative Visa in Virginia
When obtaining an immediate relative visa in Virginia, there are a few requirements you must be able to meet. Those who qualify as an immediate relates are spouses of a U.S. citizen, unmarried children under the age of 21 of U.S. citizens, and the parents of U.S. citizens who are at least 21 years old. The same laws apply if the petitioner and the beneficiary are in a same-sex marriage. To learn more, continue reading below or schedule a consultation with an experienced attorney today.
Process of Applying for an Immediate Relative Visa
An immediate relative applies for permanent resident status in different ways depending on where they are physically located. If the immediate relative is in the U.S., then the petitioner files the Form I-130 on behalf of that immediate relative. At the same time, if the other conditions are met, then the immediate relative submits Form I-485 to adjust their status to a lawful permanent resident.
The first condition that must be met is that the immediate relative must have been inspected and admitted or paroled into the United States by an immigration officer. Then, the next condition is whether the immediate relative has any criminal and/or immigration issues preventing them from having the I-130 and I-485 filed at the same time. After the I-130 and I-485 have been filed, the applicant must wait to receive by mail either an interview notice or an approval notice.
Obtaining a Relative Visa from Outside of the U.S.
If the immediate relative is outside of the United States, they would have to wait for Form I-130 to be processed and approved before they can proceed to submit Form DS-260.
Once the I-130 is approved, the USCIS would contact the National Visa Center to tell them that the Form I-130 was approved. The National Visa Center would then contact the petitioner and beneficiary, letting them know that it is time to submit payment of the DS-260 and the Form I-864. Once these documents are submitted, the immediate relative can be scheduled for an interview at the U.S. Embassy. After the beneficiary is interviewed by a consular officer, they would have to wait for a decision to be made on their application.
The waiting time is contingent upon background checks and any additional requests for evidence if requested. Once the immigrant visa application is approved, the immediate relative would receive a passport back with a U.S. Visa and a sealed packet containing documents and information for an immigration officer to open once they enter the United States.
When to Enter the United States Following a Visa Approval
Once a beneficiary has been approved to enter the United States, they must enter the United States before the expiration date on their visa, which is typically about six months after the interview. Once the immediate relative enters the United States, then and only then would they become a permanent resident.
If the immediate relative does not take this crucial step, they will have an immigrant visa, but they will not have the Green Card or lawful permanent resident status. Once the immediate relative enters the U.S., they will receive their Green Card by mail at the address that they provided on their immigrant visa application.
Legalizing or Extending a Stay
To help a family member legalize their stay, the petitioner should first consider the relationship they have with the family member that wishes to stay as well as their own legal status. If the petitioner is a lawful permanent resident, then the family member is not an immediate relative and they cannot stay. The petitioner can file the I-130, but this does not provide status for the family member to stay.
If the family member entered as a tourist with a B-1 or B-2 visa, they would typically be allowed to stay for a period of up to six months. This means that every day that they remain after that time they accrue unlawful presence. If a family member accrues more than 180 days of unlawful presence and then depart, they would be subject to a three-year bar. If they remain unlawfully present for more than one year and then depart, they would face a 10-year bar.
Benefits of Hiring Legal Assistance
Navigating through the immigration process could prove to be especially difficult for families with no legal experience. With an attorney at your side, you may be better prepared at handling the complex requirements of an immediate visa application. In addition, a lawyer could also help you prepare any documents necessary for completing an application. For more information, or to get started on a case, schedule a consultation today.