Fairfax Immediate Relative Visas Attorney
Lawyer Helping U.S. Citizens Sponsor Immediate Family Members for Immigration in Fairfax, Virginia
Immediate Relative visas, which are also known as IR visas provide a pathway for family members of U.S. citizens to join their loved ones in the United States. These visas are a priority under U.S. immigration law, meaning they are not subject to annual caps. However, the application process can be complicated, and challenges may arise that delay visa approval.
At The Estevez Group, PC, we provide guidance with family-based immigration, helping our clients understand their requirements and making sure visa and Green Card applications are accurate and complete. We can help address possible complications and resolve any issues raised by immigration officials during the application process.
Who Qualifies for an Immediate Relative Visa?
Immediate Relative visas are available to specific categories of family members of U.S. citizens:
- Spouses: A person who is currently married to a U.S. citizen will be eligible for a visa.
- Unmarried Children Under 21: Biological children or adopted children of U.S. citizens will be eligible for a visa.
- Parents of U.S. Citizens: If the U.S. citizen sponsor is at least 21 years old, their parents will be eligible for a visa.
Unlike other family-based immigration categories, Immediate Relative visas do not have a waiting list, so they will be available immediately once an application is approved. There are no limits on the number of IR visas that can be issued each year. Because of these factors processing times for Immediate Relative visas are often faster than for other types of visas.
The Immediate Relative Visa Application Process
Filing the Petition
The U.S. citizen sponsor begins the process by filing Form I-130. The petition establishes the qualifying relationship between the sponsor and their immediate family member. Supporting documentation, such as marriage certificates, birth certificates, and evidence of the relationship, must accompany the petition.
Approval and Visa Application
Once the I-130 petition is approved, the case is forwarded to the National Visa Center (NVC) for processing. The NVC will provide instructions on submitting fees, supporting documents, and the visa application. Applicants will also need to undergo a medical examination and submit police clearance certificates.
Attending the Visa Interview
The applicant will attend an in-person interview at a U.S. embassy or consulate in their home country. A consular officer will verify the application and supporting documents and make sure the immediate relative is eligible for a visa. It is crucial to prepare thoroughly for this interview, as any discrepancies or missing information can lead to delays or denials.
Entry to the United States and Green Card Application
Upon visa approval, the family member can travel to the United States. Depending on their specific case, they may receive permanent resident status upon entry, or they may apply for a Green Card after their arrival. Spouses of U.S. citizens who have been married for less than two years at the time they enter the United States will initially receive a conditional Green Card, and they will need to take additional steps to remove the conditions on their Green Card before it expires.
Requirements for Sponsors
U.S. citizen sponsors must meet certain criteria when applying for visas for their immediate family members:
- Proof of Citizenship: A sponsor must provide evidence that they are a citizen of the United States, such as a passport or birth certificate.
- Financial Support: A sponsor must submit an Affidavit of Support (Form I-864), proving that they meet the income requirements to support the immigrant financially.
- Relationship Documentation: A sponsor must provide evidence demonstrating the qualifying family relationship, such as a marriage certificate, adoption decree, or other legal documents.
Potential Issues Affecting Immediate Relative Visas
While Immediate Relative visas have advantages over other immigration categories, there are some issues that may arise during the application process that could delay the approval of a visa or even prevent a family member from coming to the U.S. Potential concerns may include:
- Insufficient Documentation: Incomplete or incorrect documentation can result in denials or lengthy delays.
- Misrepresentation: Any inconsistencies in the application, such as discrepancies in documents that establish eligibility, can lead to additional scrutiny or the denial of a visa.
- Criminal Records or Immigration Violations: Past criminal convictions or prior immigration violations may cause a family member to be inadmissible for immigration. In these cases, waivers of inadmissibility may need to be obtained.
- Complex Relationships: In cases involving stepchildren, adopted children, or other family members, additional steps may need to be taken to establish a qualifying family relationship and ensure that a person will be able to receive a visa.
How The Estevez Group, PC Can Help with Immediate Relative Visas
Our firm provides legal help to families as they apply for Immediate Relative visas and address other concerns related to immigration. We help our clients prepare complete and accurate petitions, gather supporting documents, and address any legal challenges that may arise. By closely monitoring each case and staying updated on changes to U.S. immigration laws, The Estevez Group, PC ensures that clients will be able to address immigration issues successfully.
Contact Our Fairfax, VA Immediate Relative Visa Lawyer
If you are seeking assistance with an application for an Immediate Relative visa, or if you have any other questions about family-based immigration, we encourage you to reach out to us at The Estevez Group, PC. Call 703-829-5179 to schedule a time for your free consultation. Let us help you bring your family together in the United States.
