The process of petitioning the U.S. government to allow a family member to legally enter this country is overwhelming, to say the least. The immigration system is known for its slow pace and highly technical rules that can confuse people with years of experience in this area. But, getting a loved one approved is worth the time, effort, and worry that comes with this endeavor. This is a multi-step process, but the first and most key part is petitioning for an immigrant visa as a sponsoring relative. The relationship of the sponsor to the foreign national, and the citizenship status of the U.S. sponsor will drive this process, and understanding how to proceed from the beginning is key to approval. Aspects of the family visa immigration process are easily confused and are not worth jeopardizing approval if legal advice is available. The family immigration attorneys at Kriezelman Burton & Associates, LLC do not want you to struggle with anxiety over whether everything was filed correctly. Our Highland family immigration attorneys know what needs to be done and will put together a petition that is likely to receive approval.
The first piece in a family visa petition is determining whether the foreign relative is considered an immediate family member, and then, whether the sponsor is a U.S. citizen or permanent resident. Immediate relative visas are reserved for U.S. citizens and their families, specifically spouses, minor children (both natural and adopted), and parents. There is no limit on the number of visas the government can issue for these applications, nor is there a preference for admitting certain immediate family members over others. More distant relatives, or applications filed by a permanent resident, must be processed according to preference, as there is a limit on the number of visas the government can issue each year. Since applications always exceed the number of available visas, there is a wait. One important note is the possibility of having the petition upgraded for immediate issuance or moved up to a higher preference if the sponsoring permanent resident becomes a naturalized citizen while waiting for a relative’s visa application to be approved. Applications are reviewed and approved in the chronological order in which they are received.
Once the family preference and citizenship questions are answered, it is time to file a Petition for Alien Relative with the Department of Homeland Security’s U.S. Citizenship and Immigration Services. U.S. citizen sponsors must be at least 21 years old and primarily live in the U.S and intend to remain here. This requirement is connected with the mandate that the U.S. sponsor agree and prove an ability to support the alien relative as long he/she remains in the U.S. Once the petition is approved, and the application phase formally starts, many different types of identification, medical forms, and financial data must be submitted.
Undergoing a mandatory medical exam by an authorized physician is central to approval, which is conducted to identify certain illnesses. Some applicants may also need vaccinations before approval will be granted.
Once the file is complete, an interview will be scheduled at the appropriate U.S. embassy or consulate, and both the sponsor and alien relative must attend; attorneys and other third-party representatives may also appear. The officer conducting the interview will determine if the applicant is eligible for an immigrant visa.
Wanting your relative to come to this country and getting him/her to agree to move is the easy part. Working within the immigration system is not so easy, and should not be attempted without the assistance of an experienced immigration attorney. Kriezelman Burton & Associates, LLC want your petition to succeed and will help you and your family meet all the requirements so you may be reunited. Contact the Highland family immigration firm to schedule an appointment.
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