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When you or your loved one are trying to obtain a green card, which grants legal permanent residency in the United States, you might consider a family-based visa. This visa, acquired through a family member acting as a sponsor, is one of several ways to get a visa and residency.
Your family visa application tracking in Atlanta will be unique, depending on your circumstances. But with the help of one of our family immigration attorneys, you can get a sense of what to expect from the process.
Getting a green card through a family sponsor can take time and require many steps, including working with an Atlanta attorney to help you track the progress. The process of obtaining a card will depend first on the status and relationship of the sponsor and the applicant.
An applicant who is the spouse, parent, or child—younger than 21 years old—of a U.S. citizen sponsor is an immediate family member. The U.S. government can issue unlimited visas to immediate family members each year, which can make for a shorter and easier process.
Applicants falling into any other category of family visa applicant are known as family preference relatives of a U.S. sponsor. Family preference relatives in turn, belong to one of five different categories in descending priority:
USCIS has a limit on the number of family preference visas it can issue each year, unlike immediate family members. With a cap on these kinds of visas, extra waiting periods can come into play beyond the standard application process.
Another factor is an applicant’s location when beginning the process. Often, applicants must go through consular processing somewhere outside of the U.S., where they will submit the proper forms, undergo inspections, and do an immigration interview. U.S. applicants, however, can apply for an adjustment of status without having to return to their home country.
Applicants for both visas in the U.S. and abroad first have their sponsor file Form I-130 with USCIS, a petition on the applicant’s behalf. If already present in the U.S., applicants file a Form I-485, and they must remain in the country while the government agency makes a decision. Applicants going through consular processing must remain abroad until their petition is approved, at which time they will receive their visa and be able to enter the U.S.
So, if you or a loved one is tracking an application in Atlanta for a family visa, the applicant needs to stay in the country and wait for the final decision. They should also inform USCIS if there are any changes in address, age (reaching 21), or marital status.
Tracking a family visa application can take many months or even years, depending on the type of applicant and the volume of applications at a given time. Inaccurate or incomplete documentation can also extend the process, and USCIS may request more information while an applicant waits.
Luckily, immigration lawyers are familiar with USCIS, the Forms that need to be submitted and the information necessary for a complete application,. We could also aid in preparing an application and field requests from USCIS for additional information to clear up confusion that is holding up an application.
Should you or a relative be an undocumented immigrant facing deportation, an immigration attorney can be especially helpful in keeping you in the country based on having a family sponsor.
Family visa application tracking in Atlanta can take time and resources as you and your loved ones wait for an answer. But having one of our experienced attorneys on your side could help your family stay strong and have an error-free process. Call us today to schedule a consultation and start your journey towards citizenship.