U.S. citizens and permanent residents frequently seek family immigration visas for family members in order to reconnect with loved ones to the fullest extent possible. Being separated is not easy, and the family immigration visa program offers U.S. citizens and permanent residents a path to reunite with their loved ones. While available, this path is not without obstacles, particularly because of visa allotment limitations that apply each year to many petitions. Approval is possible, but unlikely, without the assistance of a family immigration attorney who knows how to avoid the delays of governmental red tape. Because these relatives are not legally permitted to remain in the U.S. without a Green Card, each will need a family visa petition filed in order to receive authorization to remain in the country. The government tends to find ways to complicate what should be simple requests, but having the attorneys at Kriezelman Burton & Associates, LLC handle processing of a family visa petition is the best way to ensure your petition is properly handled. Our Holland family immigration attorneys know the nuances of U.S. immigration law that could cause potential delay and will use this to your advantage.
Two issues drive how a family visa application proceeds – is the U.S. sponsor a citizen or permanent resident, and how closely related is the family member to the sponsor. The rules for U.S. citizens versus permanent residents differ, and this difference will determine how long the wait will be before the entire process is complete. All family members of permanent residents, regardless of how closely related they are to the family visa sponsor, are processed according to a family visa preference system. U.S. citizens requesting family visas are given priority and the ability to bypass the long waiting time, which can stretch into many years, for immediate family. Thus, the sooner a sponsor can move a family member up the preference system, the better positioned he/she will be to see an application processed and approved. Once a permanent resident transitions to a U.S. citizen, any pending petition can benefit from this change and result in the petition moving to a higher priority level in the preference system, or even being processed without the normal delays if the relative is an immediate family member.
Filing a Petition for Alien Relative with the U.S. Department of Homeland Security puts the federal government on notice a U.S. citizen or permanent resident wants to sponsor a family for Green Card status in this country. The petition is the entryway into this process and can only be filed by a sponsor who is at least 21 years old, is financially stable enough to support the relative, and is sufficiently related to the family member under the applicable rules. The applicant is also expected to support the petition by filing an application, with supporting documentation as to his/her identity, financial means, and medical history.
In addition to the documentation mentioned above, applicants must see a physician approved for visa medical exams, not a family doctor, to be screened for specified diseases and illnesses. If one is discovered, the application is likely to be denied, so any concerns should be brought to the attention of family immigration lawyers.
The applicant will also need to attend an appointment at the U.S. consulate for further questioning and information gathering. A family immigration attorney will know what type of questions to expect and can help prepare the applicant for the interview. The attorney is permitted to attend the appointment, along with the U.S. sponsor and other third-party representatives.
Family visa petitions are very much dependent on the status of the sponsor, so changes in citizenship status are a critical aspect of getting a petition processed and granted. Knowing how and when to communicate this information is best handled by an experienced family immigration attorney. Kriezelman Burton & Associates, LLC know how overwhelming the immigration procedure is, and will help you ensure everything is submitted properly and timely. Contact the Holland family immigration firm to schedule an appointment.
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