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To keep the American families together, U.S. Citizenship & Immigration Services (USCIS) allows immigrants to file visa applications when their spouse is a citizen or a legal permanent resident. While is form of immigration may be a little more straightforward than others, there are intricate visa application requirements that USCIS puts in place to prevent people from entering into bad-faith marriages solely for immigration benefits.
If you or your spouse need a long-term immigration permit and would like to explore your options for legally entering the U.S., a Birmingham marriage visa lawyer could be a valuable ally. Once retained, an experienced family-based immigration attorney could clarify how federal immigration laws govern marital visas, work with you to draft a strong application, and, if necessary, help you contest a denied submission.
Form I-130 is the most essential and significant form that immigrants file when beginning the marriage visa application process. U.S citizens or permanent residents must file this form on behalf of the spouse they want to sponsor for immigration. If applicable, the sponsor must also complete separate documents for each child their spouse wants to bring into the country as well.
Once USCIS confirms marital visa availability for the prospective immigrant(s), they must file Form I-485 to formally begin the adjustment of status process and start pursuing a green card. Individuals who want to live with their U.S.-based spouse while waiting for USCIS to approve their marriage visa application need to submit Form I-129F, which is also the paperwork a U.S. citizen would use to sponsor their fiancé(e) for immigration. A knowledgeable attorney in Birmingham could help a couple submit the correct documents for a marriage-based immigration visa.
While USCIS accepts a substantial number of marriage visas, there are still various reasons the agency might deny an application. However, couples do have options if Immigration Services rejects their submission. For instance, if USCIS decides to deny a Form I-130, the prospective immigrants’ best action is to identify the mistake or missing information and start over with a new application.
Meanwhile, rejected Form I-485s can prove more complicated since, depending on the reason for the denial, there may be no formal method to appeal the decision. Fortunately, a resourceful lawyer in Birmingham could discuss alternative options for remedying a rejected marriage visa application, like contacting the Administrative Appeals Office within USCIS or requesting that the agency reconsider the case.
The process of seeking a marriage visa on behalf of a spouse without lawful resident status in the U.S. can be long and confusing, especially if you have no experience dealing with USCIS. Making sense of the agency’s complex application systems and requirements be nearly impossible without the assistance of a diligent attorney who has helped people succeed in similar situations.
A proactive Birmingham marriage visa lawyer could work on you and your partner’s behalf to protect your rights and help you begin this next chapter of your life. Call the office today to schedule a consultation.