Common Mistakes in the Virginia Family Immigration Process
There are certain mistakes that are commonly made by people trying to legalize their family member’s stay in the United States. Some of the most common mistakes are made by people who entered on a visitor’s visa and then applied for a green card. It can be a very grave mistake to not take into consideration the intent the person had and the representations they made to U.S. immigration officials when they entered the United States, because they can be charged with fraud. This is something that is important to discuss with an Virginia family immigration lawyer, if the person entered on a visitor visa recently and they are applying for a permanent status.
Mistaking Eligibility
Another one of the common mistakes is that people mistakenly believe they are eligible for things that they are not. For instance, when someone has overstayed their status in the United States, for example, perhaps they entered on a visitor visa which was valid for six months but have been here for ten years, and they want to apply for a family preference category – not as an immediate relative. In these cases, if an individual has overstayed their status, they are actually not eligible to get their green card in the United States because they are not an immediate relative. Instead, they must go back to their home country and often, they are barred for ten years from reentering. If they don’t know this and apply nonetheless, they could be placed into removal proceedings.
In cases of spouses or immediate relatives, the unlawful time in the U.S. can be waived, as long as the immigrant entered the U.S. “with inspection.”
Not Disclosing Criminal Record
Assuming the individual is otherwise admissible to the United States, the most common reason for denying an application is someone’s prior criminal history that they didn’t disclose or didn’t realize they needed to disclose. Many criminal records can bar them from benefits. A person must be absolutely certain their criminal record is not going to bar them from permanent status. They need to be especially careful because not only could their application be denied; they could be placed into removal proceedings.
Precautions Against Making These Mistakes
If someone has any questions or doubts, they should hire a local immigration attorney. One of the most important things to remember when a person receives any kind of request for evidence during the adjudicating period of the application is that they must respond in a timely manner. When someone receives a request for evidence from USCIS, the agency generally doesn’t grant extensions. A person must make sure they submit all the documents in a timely manner and follow instructions exactly. They must attend the interview and know the immigration and criminal history of the applicant before they apply.
How a Virginia Immigration Attorney Can Help
An immigration attorney prepares the entire application from start to finish, and in many cases, may attend the interview with the applicant. The attorney provides a list of documents an applicant must collect in order to file. The attorney makes sure all the forms are correctly filled and does a thorough background check of the petitioner and the beneficiary to make sure that there are no red flags or reasons not to apply.
