Family-based visas allow citizens to sponsor relatives for lawful permanent resident status. Because they enable U.S. citizens and permanent residents to petition for close relatives from other countries, family-based visas account for a sizable part of the cases handled by immigration attorneys. However, the process involves complex rules and paperwork. An immigration attorney provides expert guidance. Non-experts frequently find it difficult to comply with the process’s intricate regulations and paperwork requirements. This article offers advice on how an immigration lawyer may assist clients with family visa applications, including everything from determining initial eligibility to completing forms and responding to inquiries.
Table of Contents
Assessing Eligibility
The first step confirms a qualifying family relationship and admissibility. The attorney evaluates eligibility for visas like spouses or children of citizens. They explain waiver options if the applicant has an unlawful presence or other issues.
Preparing Applications
Applications require proof of the family relationship like marriage or birth certificates. The attorney ensures complete documentation and properly filed forms. They request necessary security checks and medical exams upfront.
Submitting to USCIS
Once assembled, the attorney submits the application and any required fees. They provide customer numbers allowing online case status tracking. USCIS processes take months and require patience.
Interview Preparation
Approved applications may need an interview. The attorney coaches clients on questions and appropriate documentation. They help address any issues or evidence requests before the interview date.
Responding to Requests
USCIS occasionally issues Requests for Evidence. The attorney drafts comprehensive replies including additional documentation or explanations. They ensure responses meet deadlines to avoid denials.
Appealing Denials
Should USCIS deny an application, the attorney evaluates options. They may recommend a Motion to Reopen or filing an appeal with the Board of Immigration Appeals. The process takes more time but skilled representation increases the chances of overturning denials.
Processing and Card Receipt
Once approved, the attorney assists with processing the final steps. They explain the conditions of status and provide information on travel, work authorization, and permanent residence cards.
Adjustment of Status
For those already in the U.S., the attorney guides the adjustment of status applications. They ensure proper filing locations and help clients meet eligibility requirements to obtain green cards without consular processing abroad.
Processing Times Monitoring
Routinely contact the client regarding status checking processing times online systems tracking specific petition progress proactively handle issues delay arise.
Request for Evidence Responses
Reviewing responding evidence demands within set deadlines provides supplemental material to address concerns and queries avoiding abandonment of other undesirable outcomes.
Interview Preparation
Coach clients on what to expect to answer questions consistently and represent applicants accurately light providing represented guidance in handling complex issues confidently.
Approvals and Beyond
Advise next procedures obtaining visa travel documents adjustments status independent work authorization advising path permanent residency following approval process continues monitored.
Conclusion
In conclusion, handling family-based visa categories without the help of a lawyer increases the risk of errors, hold-ups, or even petition rejections. Applicants who hire seasoned legal counsel get an advocate who is knowledgeable about the guidelines and best practices of the program. Serving as a point of contact between the client and USCIS, the lawyer provides comprehensive paperwork and promptly addresses any concerns or requests for evidence. By streamlining an already drawn-out procedure, hiring an attorney improves the chances of family reunions via the immigration system. Working with a certified professional increases the chances of acceptance for family visa applicants.
