The joy of reuniting with family and loved ones, especially in a foreign country, is truly unquantifiable. Luckily, the family visa I-130 permits U.S. citizens to move family members to the United States to become permanent residents. However, the procedure for a successful application can be time-consuming and energy-consuming.
Indeed, knowing how an immigration lawyer can help you will make the whole process easier and less stressful. We will discuss more in this article.
What is a Family-Based Visa I-130?
This visa allows U.S. citizens and permanent residents to bring any family member to the United States.
Known as “The Petition of Alien Relative,” it encourages non-citizens to apply for a green card and become lawful residents. However, since the family-based visa I-130 is attained through legal methods, the expertise of an immigration attorney counts. Also, the family-based visa I-130 usually comes in two ways:
- Immediate Relative Visa: This visa is issued depending on the familial relationship with the U.S. citizen. This means that eligible people are close family members. It could involve children under 21 years, spouses, or parents.
- Family Preference Visa: This visa is for distant relatives with tangible relationships who are Lawful Permanent Residents or U.S. citizens.
Once the family-based visa I-130 is approved, the new resident can access various benefits, including healthcare and education. In addition, they can legally work in the United States without the risk of deportation.
Documents to Submit for Family-Based Visa
When you apply for the family-based visa I-130, you should submit the correct documents to avert delays or even denial. Some of the documents you need are listed below:
- Passport or Proof of Citizenship: A valid passport is required when applying for your family-based visa. The passport should be valid for six more months. Your birth certificate, naturalization certificate, or green card could also be attached. These documents confirm your eligibility to apply for a visa like a family-based visa I-130.
- hotographs: Attach photographs taken within the last six months that show your complete face. These pictures should be in color, and you are required to wear a neutral facial expression. Government officials use pictures to determine your identity and mark your documents.
- Visa Application Fees: After paying the visa application fee, keep a record of confirmation. Note that fees paid are non-transferable and non-refundable, so apply only when you are sure.
- Proof of Relationship Certificates: These certificates verify your relationship with the family member for which you are applying for a family-based visa I-130. Some of these certificates include:
- Marriage certificate
- Birth certificates
- Adoption papers
- Divorce certificate
- Affidavit of Support: This is also called Form I-864. It states that the petitioner takes full responsibility for the aspiring immigrant. Submit the evidence of support during the interview.
- Court and Prison Reports: Have you ever been charged with a crime? If you have been, present a licensed copy of every court and prison record. Provide a detailed explanation of the crime you got convicted of, even if you received amnesty.
- Statutory Declaration: If the name on your birth certificate does not align with the one on your documents or passport and the change was not by marriage, legal evidence of your name change should be attached.
- Translations: When applying for your family-based visa I-130, documents should be in English. If this is impossible, present documents in other languages with a translation from a certified translation service. The translated copy attached to your documents should match the copy taken to your visa interview. This is to explain your visa application and supporting documents.
What Roles can an Immigration Lawyer Play in Getting your Family-Based Visa I-130?
No doubt, seeking professional advice from an immigration lawyer is advantageous. Here are the roles they play in helping you secure a family-based visa I-130:
- Extensive Case Analysis: An immigration lawyer will gather detailed information about your family and immigration history. By doing this, the lawyer gets to understand your legal standing before a family-based visa I-130 application. During evaluation, the lawyer determines your eligibility by considering factors like the relationship with the beneficiary and existing familial problems. After review, the best immigration option for you will then be determined.
- Meticulous Document Organization and Filing: An immigration lawyer helps gather the necessary documents before you apply for a family-based visa I-130. Additionally, the lawyer verifies the authenticity of these documents to ensure they meet the standards set by the USCIS. These attorneys ensure that your forms and supporting evidence are complete and correctly filed to prevent rejection.
- Legal Counsel and Representation: Immigration attorneys offer legal counsel during the family-based visa I-130 application process. They identify potential problems and resolve them using legal strategies. Additionally, these lawyers are sworn to defend the interests of clients.
- Updating Client: An immigration lawyer informs the client about their family-based visa I-130 status. If the client needs to present additional documents or information to the USCIS, the lawyer assists them. If an interview is essential, the lawyer prepares the client by explaining questions to expect and valid answers. An attorney will also update you about changes in policies or laws that may affect your family-based visa.
- Resolving Difficulties: in the process of applying for a family-based visa I-130, you may encounter various obstacles. Criminal records or former deportations are some examples of these obstacles. Luckily, an immigration attorney can expertly handle such challenges and increase your approval chances. During a lengthy processing period, the lawyer also provides emotional and legal support to the client.
- Preparing Waivers and Appeals: If the family-based visa I-130 is denied, an immigration lawyer can help you file a waiver or appeal. The lawyer drafts a compelling legal argument backed by relevant laws stating why the waiver should be granted. Also, the lawyer can assist with appeals and subsequent applications. Overall, the presence of an immigration lawyer during an appeal or reapplication process increases your chances of success.
Coleman Law Group Can Help You
Since each family-based visa I-130 fits distinct needs, it is wise to let an immigration lawyer evaluate your case and guide you through the process. Our team provides valuable services to those seeking to make their loved ones citizens of the United States. Indeed, we want to help handle your family-based visa application at Coleman Law Group. Call us today for a free consultation!
