Many people choose to handle the visa acquisition process themselves in the hopes of saving up a few dollars. However, what they often fail to realize is that a visa application or upgrade is a legal matter that will go a lot more smoothly with the help of a legal advisor or an immigration lawyer.
Luckily, this article will explain explain top things about family-based immigration and why you need guidance from an experienced lawyer.
What is a Family-Based Immigration?
First of all, do you know that as a US citizen or permanent resident, you can sponsor a non-citizen family member to move to the United States or even become a permanent resident like you? Yes, you can, and the process is referred to as family-based immigration.
In simple terms, the process refers to a law that permits US citizens to bring their families into the country. If it sounds easy, that’s because it is. It also happens to be the most common form of legal immigration. However, it is not without its hassles, including the fact that not everyone is eligible for the family-based immigration system.
Who is Eligible for a Family-Based Immigration?
When it comes to family-based immigration, there are two types of Visas available. The first is for immediate relatives, while the other is for family preferences. It is also noteworthy that while they sound remarkably similar, they apply to different sets of people.
The immediate relative visa is only available for close relatives, such as parents, spouses, and unmarried children. This category is considered less strict and usually allows for an unlimited number of visas. Also, the visa titles for this category are as follows;
– CR1 or IR1 for spouses
– IR2 for children
– IR5 for parents
Note that for a child to be eligible for the immediate relative visa, they must be unmarried and below the age of 21.
The other category issues family preference visas, and it is considered slightly more complicated. It offers a limited number of visas, and the eligible people for this category include children and siblings. Here’s how the visa titles look;
– F1 for eligible children (unmarried children under 21 years)
– F3 for married children or children older than 21
– F5 for siblings
Why You Need an Experienced Immigration Lawyer to Guide You Through the Process
Firstly, the family-based immigration process is usually not as straightforward as it sounds. A lesson that most people who opt to do it by themselves often learn the hard way. As stated earlier, any visa application is a legal process, and having an attorney on hand helps ensure you don’t encounter any complications during the process.
Secondly, a family-based immigration lawyer is skilled and experienced and can answer any question you have about the process. Your lawyer can also help make sure you understand the concept clearly while offering expert advice and opinions customized for your specific situation.
Finally, your lawyer acts as a representative to handle interviews and dealings with immigration entities. Ethical standards also bind them to ensure they put your interest first throughout your contract.
How To Apply for Permanent Residency through Family-Based Immigrant
As soon as you have secured the services of an immigration lawyer, the next step is the application process. Thanks to your new companion on legal matters, you’ll have less hassle with the process. However, it still pays to understand the application process for yourself. So, here are the steps to apply for family-based immigration, according to the US Department of State.
1. For the first step, you are expected to file a petition with the United States Citizenship and Immigration Service.
2. Next, you wait for your petition to be approved. Once it is approved, it will be sent to the National Visa Center (NVC) for pre-processing.
3. Make the necessary payments. This includes the immigrant visa application processing fee and the affidavit for support fee.
4. Submission of form I-864, also known as the affidavit of support form. This document shows that you accept financial responsibilities for the applicant in question.
5. After you pay the fee, your CEAC status will reflect “PAID.” This is your cue to continue and complete your online visa application.
6. For the next step, you and the applicant must collect, scan, and resubmit the civil documents required to support the visa application.
7. The applicant will be required to sit for an interview. This process is crucial to decide whether or not the applicant is eligible for an immigrant visa.
Adjustment of Status Vs. Consular Processing
When applying for permanent residency, your family-based immigrant may use either of the two available options. The first, adjustment status, is for applicants who are already in the United States. This process helps ensure they don’t have to return to their home country to make the application.
On the other hand, consular processing is strictly for applicants outside the United States. For this option, the applicant will be required to go to a US Department of State Consulate abroad for their application. Just so you know, while both processes are similar, they can’t be easily interchanged. That means applicants who are not residents are not eligible to apply for an adjustment of status, and vice versa.
How Can the Coleman Law Group Help You?
Seeing how the family-based immigration process can often get complicated quickly, getting an immigration lawyer is crucial. However, it goes without saying that you can only get the best legal service with an experienced attorney.
At the Coleman Law Group, we are dedicated to ensuring you get the best results possible. Your case is in good hands with us. Call us today for a free consultation!
