Fairfax, VA Family Preference Visas Lawyer
Attorney Helping Families Apply for Family Preference Visas and Reunite in Fairfax
If you have family members who are currently living in other countries, or if your loved ones need to determine their options for obtaining a valid immigration status in the United States, you may be able to apply for visas on their behalf. Family Preference visas can provide authorization for immigration for certain family members of United States citizens and lawful permanent residents.
The process of applying for Family Preference visas involves complex paperwork and multiple legal requirements. There are numerous issues that could affect a visa application, causing delays in the process or leading to the denial of a visa. At The Estevez Group, PC, we provide legal support to families in Fairfax and other parts of Virginia who are seeking to reunite with loved ones. We help our clients meet their requirements and address the challenges involved in visa applications, working to ensure that family members can immigrate to the U.S. and obtain Green Cards providing them with lawful permanent resident status.
Who Qualifies for a Family Preference Visa?
United States citizens and lawful permanent residents may sponsor specific relatives for Family Preference visas. The following preference categories apply to these visas:
- F1 (First Preference): Unmarried children of citizens, when children are over the age of 21
- F2A (Second Preference A): Spouses and children of lawful permanent residents (children must be unmarried and under the age of 21)
- F2B (Second Preference B): Unmarried children of lawful permanent residents, when children are over the age of 21
- F3 (Third Preference): Married children of citizens.
- F4 (Fourth Preference): Siblings of citizens, provided the citizen sponsor is at least 21 years old.
The availability of visas in each category is limited. There are numerical caps on the number of visas that can be issued each year. For most Family Preference categories, applicants will experience lengthy wait times.
Applying for a Family Preference Visa
Filing the Petition
The process begins when a U.S. citizen or lawful permanent resident sponsor files Form I-130. This petition will be submitted to U.S. Citizenship and Immigration Services (USCIS), which will review it to determine whether a family member qualifies for a visa. Along with the petition itself, supporting evidence must be submitted, such as:
- Birth certificates
- Marriage certificates
- Evidence of the sponsor's U.S. citizenship or lawful permanent resident status
Waiting for Visa Availability
After a petition for a Family Preference visa has been approved, the applicant will need to wait for a visa to become available in their preference category. The Department of State publishes a monthly Visa Bulletin that indicates the priority dates currently being processed for each category.
Completing the Visa Application Process
When a visa becomes available, the applicant can proceed with the next steps:
- Provide Required Documentation: An applicant must submit documents such as police clearance certificates, and proof of the family relationship.
- Undergo a Medical Examination: A medical exam conducted by an authorized physician is required.
- Attend the Visa Interview: The applicant will be interviewed by immigration officials at a U.S. embassy or consulate. The officials will review the application and make sure the person is eligible for a visa.
- Travel to the United States: Once a visa is approved, the applicant may travel to a port of entry, where they will be inspected to determine whether they should be admitted into the country.
- Apply for a Green Card: After being admitted, the family member can submit Form I-485 to request an adjustment of status and become a lawful permanent resident of the U.S.
Potential Challenges in the Family Preference Visa Process
Several factors can complicate or delay the approval of a Family Preference visa:
- Incomplete Documentation: Missing or incorrect information can result in delays or denials. Sponsors and applicants must ensure that all required evidence is accurate and that it is submitted correctly along with a visa petition or when applying at a U.S. consulate or embassy.
- Lengthy Wait Times: Due to annual visa limits, many Family Preference applicants face extended wait times, sometimes lasting years or even decades.
- Misrepresentation or Fraud Concerns: If there are discrepancies in the application or suspicions of fraud, additional scrutiny may delay the process or result in a denial.
- Criminal Records or Immigration Violations: Applicants with certain criminal convictions or prior immigration violations may be deemed inadmissible. However, even if inadmissibility is an issue that may affect the visa application process, waivers of inadmissibility may be available.
Legal Help With Family Preference Visa Applications
At The Estevez Group, PC, we provide legal support to families who are navigating the immigration process. We can help prepare and submit Form I-130 petitions, ensuring that all required evidence is included. If issues such as inadmissibility or long wait times arise, we will help our clients explore the options that may be available, working to overcome these challenges and make sure family members can be reunited.
Contact Our Fairfax, Virginia Family Preference Visa Attorney
Whether you are at the beginning of the immigration process or are facing unexpected challenges with a visa application, The Estevez Group, PC can assist you. We will work closely with you to make sure you can achieve your family immigration goals. Call 703-829-5179 or complete our online contact form to arrange a time for a free consultation. We are available 24/7 to assist you.
