The most frequent route for non-citizens to get permanent residency is through family-based immigration. A person from another nation may experience a protracted, complicated process while applying for immigration to the United States. When many family members desire to join a relative who has earned citizenship or permanent residency, the level of complication exponentially rises.
The approval of visa requests during this process depends on meeting deadlines and completing requests for the necessary paperwork. The Duluth family-based immigration lawyers at Barrios Virgüez understand the urgency you may experience when trying to sponsor a relative for a visa. It could seem like a lifetime, regardless of the real time frame.
Our lawyers work to cut down on unnecessary delays and move the procedure along as quickly as they can.
Benefits of Having a Family-Based Immigration Lawyer in Duluth
An immigration lawyer can help you with the entire process, from filing the necessary paperwork to filing an appeal after an unfavorable result. Attorneys can also answer any and all questions pertaining to the visa process for family members. Additionally, they will ensure all deadlines are being met, and all eligibility requirements are fulfilled, whether it is an immediate relative visa or a preference relative visa.
Also, when necessary, a family-based immigration attorney in Duluth can represent individuals in court proceedings and hearings, if necessary. Finally, an experienced family attorney will monitor every step of the case from start to finish–sometimes, this includes filing an appeal if a visa gets denied.
In immigration court, many persons decide to represent themselves. This is not advised. The immigration procedure is intricate, and there can be serious repercussions if the right steps are not taken. This is why it is imperative that families hire an attorney before beginning the process.
For a legal consultation with a family-based immigration lawyer serving Duluth, call 678-888-2222
Any U.S. citizen or permanent resident can petition the government for an immigration visa for their relatives. Compared to permanent residents, citizens often have greater options when it comes to the types of family members they can apply for. The so-called K-Visas are the most prevalent types of visas accessible for families of citizens and permanent residents.
If the marriage occurs within 90 days of coming to the U.S., the Fiancé Visa, or K-1 Visa, will provide the citizen’s fiancé permanent residence status. To make sure that their applications are approved without a hitch, the majority of couples choose to engage with an accomplished family immigration attorney. Holders of K-1 visas will also be granted employment authorization.
Under the K-2 visa, K-1 visa holders’ children may also become lawful permanent residents. It’s vital to note that marriage to a US citizen would only confer the K-1 visa holder legal permanent residence status if they marry their US citizen sponsor; marrying another US citizen will not.
K-3 and K-4 Visas
The spouse and single children of a US citizen are entitled to work and live in the U.S. as nonimmigrants up until they are granted lawful permanent residence status under the Legal Immigration Family Equality Act. Children are defined in this context as anybody under the age of 21. While the spouse will receive a K-3 visa, the children will receive K-4 visas.
Nowadays, K-3 and K-4 visas are rarely used because they take as long as or longer to process as an I-130 petition for an immediate relative. For this reason, it is always advised to contact a family immigration counsel before submitting any petition.
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Visas for Immediate Relatives
An immediate relative visa is available for close family members related to a U.S. citizen or a permanent resident. The application process is not subject to numerical limitations like the no-immediate relatives. To file for an immediate relative visa, the sponsor must be a spouse of the petitioner, the beneficiary must be a parent of a U.S. citizen’s child over 21 years old, or the beneficiary must be unmarried under 21 years old son or daughter of a U.S. citizen.
If a U.S. citizen’s close relative resides there, they may change their visa to one, allowing them to stay permanently. To cut down on the adjustment period, the petition and permanent resident adjustment might take place simultaneously.
The process takes longer when a member of the immediate family lives abroad, although there are no numerical restrictions placed on the petition. The petition is submitted on behalf of the relative by a US citizen or lawful permanent resident. The recipient will be informed to present at the American consulate or embassy in their country of residence after they get their visa number.
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Visa Application Process
The visa application process is not easy, even if you are eligible to bring your loved ones to the United States. When applying for an immediate family member visa, a request must be made to the United States government requesting for a family member to migrate to the U.S.
Next, they must file Form 1-130 to petition for the relative to gain a visa. After approval of the 1-130 and visa number availability, the relative can file for a green card. Green card applications can be through the consular processing or adjustment of status. If the immigrant is in the U.S on a student or tourist visa, they can adjust their status to a permanent resident. It is common that sponsors and beneficiaries will need to provide copies of their passports, government-issued IDs, and birth certificates.
Depending on their nonimmigrant status, the immigrant may additionally need to submit other forms. All of this entails a number of time-consuming procedures; therefore, it is preferable to seek the assistance of an accomplished Duluth family-based immigration attorney.
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Timeline for Filing a Petition
Depending on a number of factors, the time between the petition’s filing and the day a family member actually receives the visa might vary greatly, but one should anticipate it to take anywhere between 6 months to several years. The type of family member they are petitioning for, the family member’s place of origin, and the petitioner’s immigration status—whether they are a citizen or permanent resident—all affect the overall petition wait time.
Contact the Duluth Family-Based Immigration Attorneys at Barrios Virguez
No matter what kind of immigration issue you are facing, our skilled Duluth immigration attorneys at Barrios Virgüez are here to offer you legal counsel and support. To schedule a no-obligation consultation and start working on your case, contact our office by phone or fill out our secure online form.
Call or text 678-888-2222 or complete a Case Evaluation form