Entering the US is a lifelong dream from many families all over the world. Fortunately, USCIS makes it possible for immediate family members of lawful permanent residents and/or US citizens to help bring their foreign relatives to the US. However, this process could prove to be difficult without the guidance of a professional attorney.
To begin reviewing how your family would go about obtaining immediate relative visas in Doraville, get in touch today and schedule a consultation.
How Does an Immediate Relative Apply for a Permanent Resident Status?
If an immediate relative is outside of the United States, there is a two-step process called consular process where they would first have to file a petition for alien relative to establish the relationship between the immediate relative and the US citizen.
Then, after that is approved, they would then proceed to an interview at the US embassy or consulate in their home country in order to obtain an immigrant visa and then eventually receive their green card once they travel to the United States. For those immediate relatives that are already inside the United States, if the immediate relative of a US citizen entered the United States legally with a visa, then that person may be eligible for one-step process called adjustment of status.
Expected Roadblocks When Legalizing the Stay of an Immediate Relative
The first roadblock a person may face is not knowing where to start and not knowing what immigration options the family member has. The person may not know if the case will be adjustment of satuts or consular process. The second roadblock is ensuring that all of the correct applications are completed and submitted for the family member in addition to submitting it with the correct forms and with the correct filing fee.
The third roadblock or challenge would be expectations or the unknown expectations for the type of immigration case and procedure because they vary in processing time, milestones, and temporary benefits.
What is a Conditional Permanent Resident Visa?
Conditional permanent resident visas are issued only for a two-year period and are issued to spouses of US citizens. Couples who are married for less than two years at the time their immigrant visa/green card is approved will only be granted a green card for two years. Homeland Security takes measures to ensure that at the end of those two years, the lawful permanent resident/green card holder can file a separate petition requesting Homeland Security to grant them a 10-year green card.
In that petition, lawful permanent resident/green card holder must show that from the moment their two-year green card was granted until now the lawful permanent resident and US citizen spouse have remained in a good faith marriage.
Common Mistakes Made by Individuals Trying to Legalize a Family Member’s Stay
Common errors seen across numerous applications that are submitted to USCIS often involve a lack of evidence. Under such circumstances, the family may simply not have evidence nor documentation to prove the relationship.
Also, in other cases, there have been instances where the documentation exists somewhere. For example, they need to provide a court disposition, or they need to provide a divorce decree or some other civil types of documents that the person has a hard time getting from the courthouse or doesn’t know how to.
Schedule a Consultation Today to Learn More
Obtaining an immediate relative visa could prove to be a difficult endeavor without the help of a dedicated attorney. By having a lawyer walk you through the process of acquiring immediate relative visas in Doraville, you and your family would be better equipped to overcome the various challenges that comes with filing an application for this type of visa. To learn more about the process and identify any roadblocks that may delay your application, call our firm today.