Immigrant Visa Processing For Family Based Petition
You have normally only two methods to get an immigrant visa, as a means to work and reside in the US like a “lawful permanent citizen” (identified as a green card holder). One is actually by a family-based petition, and the other by way of an employment-based petition. This post provides a general report on the processing of your family-based immigrant visa application.
Family-based application: Threshold conditions for petitioner
A family-based application definitely indicates a form to a immigrant visa filed for a family person of the form or petitioner, for example those submitted for: a spouse, parent, child, or brother or sister. To assist you to submit such an application for an immigrant visa, the immigrant visa petitioner need to follow two principal specifications:
(1) affirm his / her position as possibly a US resident or perhaps a lawful permanent citizen, and
(2) verify his or her family connection with all the intending immigrant (called the “beneficiary” of the immigrant visa petition).
Although the threshold conditions for processing of the immigrant visa application by a US citizen is similar to those registered by a legal permanent citizen, there are notable differences regarding the two. For one, mainly a adult US resident may petition for his / her parents or sisters and brothers, or married children. Additionally, a US citizen’s spouse, child or parent (under 21years and also single) are usually identified as her “immediate relative” for which an immigrant visa is always available (assuming that they are otherwise admissible as mentioned below). This signifies they don’t require to wait for a many years that relatives of legal permanent citizens typically have to wait to their immigrant visa to issue.
Family-based petition: Some other requirements (mostly for beneficiary)
After the petitioner figures out simply by documented evidence (for example, naturalization document, green card, birth record, and so on.) his US citizenship or lawful permanent residency as well as the requisite family relationship with the intending immigrant, many other documents should be filed with the immigrant visa petition, widely identified as Form I-130.
These documents — examples are: affidavit of support, police clearance, medical test record — seeks to affirm that the beneficiary of the immigrant visa petition matches particular legitimate necessities that show desirability for admission or “admissibility ” for the US. In the main, admissibility to the U.S. needs proof that the named beneficiary doesn’t possess features that would disqualify her to get a US. immigrant visa, together with (and not limited to):
(1) becoming a public charge when within the US – a public charge is one who’s about to become “mainly dependent on the government for subsistence”;
(2) a serious legal convictions;
(3) drug use;
(4) prostitution;
(5) communist affiliation,
(6) a polygamist,
(7) severe health conditions, as well as other negative characteristics.
But all is not lost for an intending immigrant who may have any of these negative factors. Some of these negative factors may be remedied or “excused” by the U.S. immigration authorities — before called the INS, now called the USCIS — through a so-called “waiver.” But because of the complexity of immigration laws and difficulty of getting a waiver, the help of an immigration lawyer is highly recommended, if not a must.
Immigrant visa Colton offers you best services for your needs. To know more about visa processing, you can make a free consultation with immigration attorney Colton.
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