Immigration can be complicated, but our Alexandria, VA marriage immigration lawyer can show you the right path forward. At The Law Offices of Ricky Malik, P.C., we have over a decade of experience with all manner of immigration cases. Our legal team has been featured in the Washington Post and MSNBC, and with a firsthand look at how the US immigration process works, we’re ready to help you start a new life. Let’s take a look at family-based immigration to get you started on the right foot:
Eligibility For Family-Based Visas
Family-based visas are primarily divided into two categories: immediate relative visas and family preference visas. Immediate relative visas are available to the spouses, parents, and unmarried children under 21 of U.S. citizens. These visas have the advantage of not being subject to annual caps, meaning they are available in unlimited quantities, allowing for relatively quicker processing times.
Family preference visas, on the other hand, are available to other relatives of U.S. citizens and some relatives of LPRs, including unmarried sons and daughters over the age of 21, married children of any age, and siblings of U.S. citizens. These visas are numerically limited, leading to longer waiting periods depending on the relative’s priority date and country of origin.
Application Process
The process begins with the U.S. citizen or LPR filing a petition on behalf of their relative. This petition, Form I-130, Petition for Alien Relative, is submitted to U.S. Citizenship and Immigration Services (USCIS) and serves as the foundation for the family-based immigration process. It establishes the legitimate relationship between the sponsor and the beneficiary.
Once the petition is approved and a visa number becomes available, the family member abroad can apply for a visa through consular processing at a U.S. embassy or consulate in their home country. For those already in the U.S., an adjustment of status to a lawful permanent resident without having to return to their home country might be possible.
Common Challenges
Family-based immigration can be complex due to the rigorous documentation required and the lengthy processing times associated with some family preference categories. Sponsors must demonstrate adequate income to support their family members once they arrive in the U.S. Additionally, applicants must pass thorough medical examinations and background checks.
Another challenge is the legal and procedural nuances that can vary significantly depending on the specific circumstances of the family member’s case. Changes in immigration law and policy can also affect the processing of family-based visas, so your marriage immigration lawyer will keep you up to date.
Importance Of Legal Guidance
Given the complexities and challenges of family-based immigration, professional legal guidance is crucial. Missteps in the application process can result in delays, denials, and prolonged separation of families. Legal professionals can provide clarity and streamline the process.
Reach Out For Personalized Assistance
If you are considering family-based immigration or are facing challenges in your ongoing immigration process, we encourage you to reach out to us. At The Law Offices of Ricky Malik, P.C., we provide personalized guidance and support to meet the unique needs of each family. Contact us today, and see what an Alexandria, VA marriage immigration lawyer from our office can do for you.
