Office Location is Irving, Texas and Albuquerque, New Mexico
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Office Location is Irving, Texas and Albuquerque, New Mexico
Few individuals seek to immigrate to the United States without the hope of bringing their families along. An experienced Albuquerque immediate relative visa lawyer from John W. Lawit, LLC, can provide invaluable assistance, helping families navigate the complex legal requirements and procedures to achieve their goal of living together in the U.S.
The desire to reunite with or establish a new life with loved ones is a primary motivator for many seeking U.S. residency. Understanding the intricate pathways for family-based immigration, especially for immediate relatives, is crucial.
Under U.S. immigration law, “Immediate Relatives” are defined as specific close family members of U.S. citizens. This category includes spouses of U.S. citizens, unmarried children under 21 years of age of U.S. citizens, and parents of U.S. citizens (provided the U.S. citizen is at least 21 years old).
Unlike “family preference” categories, which are subject to annual numerical limitations and often involve lengthy waiting periods due to visa backlogs, Immediate Relative visas are not subject to numerical caps. This means that a visa is always available for a qualified Immediate Relative, leading to significantly faster processing times.
Family preference categories include more distant relatives, such as married children of U.S. citizens, siblings of U.S. citizens, and certain family members of Lawful Permanent Residents.
The legal framework for Immediate Relatives is primarily found in the Immigration and Nationality Act (INA). Specifically, INA Section 201(b)(2)(A)(i) defines immediate relatives and exempts them from worldwide numerical limitations.
To qualify as an Immediate Relative, the relationship must fall into one of the following categories:
It’s crucial to understand that the U.S. citizen must be the petitioner for these categories. The relationship must be legitimate and not solely entered into for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) scrutinizes these relationships closely to prevent fraud and abuse.
Even if a family relationship exists, certain factors can render an individual ineligible for an Immediate Relative visa. These include, but are not limited to:
It is highly advisable to consult with an experienced Albuquerque family immigration lawyer to assess eligibility and navigate potential issues.
To qualify for an immediate relative visa, both the petitioner (the U.S. citizen) and the beneficiary (the family member seeking a green card) must meet strict eligibility requirements. These are defined by U.S. immigration law and enforced by USCIS and the Department of State.
USCIS requires documentation to confirm this relationship:
For stepparents, stepchildren, and adopted children, additional evidence is required, including proof of when the relationship was legally established and documentation of cohabitation or legal custody where applicable.
Only U.S. citizens can sponsor an immediate relative for immigration purposes. Lawful permanent residents (green card holders) are limited to the family preference system, which is subject to numerical caps.
Acceptable proof of citizenship includes:
If the petitioner’s documentation is insufficient or inconsistent, the petition will be delayed or denied.
Petitions for a spouse must demonstrate that the marriage is legitimate and not entered into for immigration purposes. USCIS requires evidence of shared residence, joint financial records, photos, messages, affidavits, and proof of an ongoing relationship after marriage.
Marriages must also be legally valid in the jurisdiction where they occurred. Same-sex marriages are recognized if legally performed.
USCIS may issue a Request for Evidence (RFE) or schedule a Stokes interview if the bona fides of the marriage are in doubt.
Children must be under 21 and unmarried at the time of filing. For parents, the petitioner must be at least 21 years of age.
Birth certificates must clearly show the names of the parents and match other identity records. If unavailable, secondary evidence may be accepted, including:
Successfully navigating the Immediate Relative visa application process requires a thorough understanding of each stage of the process. Familiarizing yourself with the sequence of filing petitions, submitting documentation, undergoing medical examinations, and attending interviews helps anticipate potential challenges, gather necessary evidence efficiently, and respond to USCIS requests promptly, thereby minimizing delays and increasing the likelihood of a successful outcome for your family’s immigration journey.
Here’s a breakdown of the typical steps involved in applying for an Immediate Relative visa:
The U.S. citizen petitioner begins the process by filing Form I-130 with USCIS. This form establishes the qualifying family relationship between the petitioner and the beneficiary.
USCIS will review the I-130 petition and supporting documentation. If approved, USCIS will send a notice of approval.
This approval signifies that USCIS recognizes the legitimate family relationship.
Suppose the immediate relative beneficiary is already in the U.S. and entered legally. In that case, they may be eligible to apply for Adjustment of Status (AOS) by filing Form I-485 concurrently with, or after, the I-130 is approved. This allows the beneficiary to obtain a Green Card without leaving the U.S.
If the immediate relative beneficiary is outside the U.S., their case will proceed through Consular Processing. USCIS will forward the approved I-130 petition to the National Visa Center (NVC). The NVC will then instruct the beneficiary to:
Whether adjusting status in the U.S. or undergoing consular processing abroad, the immediate relative beneficiary must undergo a medical examination by a USCIS-approved civil surgeon (for AOS) or a panel physician (for consular processing).
Subsequently, the beneficiary will attend an interview. For AOS, the interview typically takes place at a USCIS field office. For consular processing, it is conducted at a U.S. embassy or consulate in the beneficiary’s home country.
During the interview, an immigration officer will review the application, verify information, and assess the legitimacy of the relationship.
Processing times for Immediate Relative visas can vary depending on several factors, including the specific USCIS service center or consulate handling the case, the completeness of the application, and any requests for additional evidence. While Immediate Relative visas are not subject to numerical caps, administrative processing can still take a considerable amount of time.
It is advisable to regularly check the USCIS and Department of State websites for the most current processing times. Generally, the process can take anywhere from several months to over a year.
Even without numerical caps, several factors can lead to delays in the immediate relative visa application process. These can include:
Furthermore, issues such as discrepancies in information, suspicion of marriage fraud, or past immigration violations by the beneficiary can trigger more in-depth scrutiny and significantly prolong processing times.
At John W. Lawit, LLC, our team of dedicated Albuquerque immediate relative visa lawyers provides comprehensive legal support, from preparing and filing initial petitions to representing clients during interviews and responding to requests for evidence. We meticulously review each case to anticipate potential challenges and proactively address them, ensuring that your application is as robust and accurate as possible.
Our goal is to simplify the complex immigration process, offering clear guidance and steadfast advocacy to help you achieve your dream of family reunification in the U.S.
Yes, immediate relatives who have filed Form I-485 can apply for an Employment Authorization Document (EAD), also known as a work permit, by filing Form I-765. This allows them to legally work in the U.S. while their Green Card application is pending.
The Affidavit of Support (Form I-864) is a legally binding document that the U.S. citizen petitioner must complete to demonstrate their financial ability to support the immigrant beneficiary. This ensures the beneficiary will not become a “public charge” and rely on government assistance.
The petitioner must typically demonstrate an income at or above 125% of the Federal Poverty Guidelines.
Generally, no. Individuals who entered the U.S. without inspection are typically not eligible for Adjustment of Status within the U.S., even if they are an immediate relative of a U.S. citizen. They would generally need to leave the U.S. for consular processing, which can result in a 3-year or 10-year bar to re-entry, depending on the duration of their unlawful presence in the U.S.
If the U.S. citizen petitioner dies while the I-130 petition is pending or approved, the petition may still be eligible for “humanitarian reinstatement” or “surviving relative” provisions under certain circumstances. The beneficiary would generally need to demonstrate that a denial would result in extreme hardship.
Yes, an interview is almost always a mandatory part of the immediate relative visa application process. For those adjusting status in the U.S., the interview is typically conducted at a USCIS field office.
For those undergoing consular processing, the interview takes place at a U.S. embassy or consulate abroad. The purpose of the interview is for an immigration officer to verify the information in the application and assess the legitimacy of the family relationship.
Navigating the complexities of immediate relative visas can be daunting, with strict eligibility criteria and extensive documentation requirements. Don’t risk delays or denials due to errors or omissions.
The experienced Albuquerque immigration attorneys at John W. Lawit, LLC, are dedicated to guiding you through every step of the process, ensuring your application is strong and accurate. Contact us today at (214) 609-2242 for a consultation and let us help you reunite with your loved ones.
