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Marietta IR-2 Child Visa Lawyer

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Marietta IR-2 Child Visa Lawyer

There is a family-based petition process for parents that gives them another way to get visas for both adopted and biological children. Families can use the IR-2 visa process to get unmarried children under the age of 21 into the country. In this case, the “IR” stands for “immediate relative,” and it is your child. The IR-2 is also another way to get adopted children into the United States, in addition to The Hague and orphan processes.

Requirements for Getting an IR-2 Child Visa

What follows are some of the requirements to be eligible for an IR-2 visa:

  • The child must have a sponsor who has U.S. citizenship.
  • The parent must have had custody of the child, living abroad for at least two years.
  • The sponsor must have resided with the child for at least two years before applying for the visa.
  • Any adoption must have been finalized before the child’s 21st birthday.

The IR-2 Child Visa Process

The individual with U.S. citizenship must begin the process for the child by petitioning on their behalf to the United States Citizenship and Immigration Service. It is only after the physical petition is approved that the child can apply for the physical visa process with the embassy or consulate in the country where they reside. The initial petition is done by completing Form I-130. If the petition is approved, you can apply for the physical visa at the embassy using Form DS-260.

Restrictions on IR-2 Visas

Restrictions on the IR-2 visa program:

  • If you are a green card holder, you cannot use this program. It is only for U.S. citizens. But there are other alternatives for green card holders.
  • If you are trying to obtain a visa for stepchildren, you can only obtain an IR-2 visa if the child is under the age of 18 at the time you married the biological parent

The Benefits of an IR-2 Child Visa

The good news is that you are not competing with other people for a limited amount of IR-2 visas. There are no annual caps on the program, such as there are with other types of visas. IR-2 visas are not a family preference program where your child is part of a large pool of people who are all trying to get the same visa. Your child can become a U.S. citizen after arriving here when they have received an IR-2 visa.

Take the Time to Get the IR-2 Visa Application Right

However, you must still take your application very seriously. Any mistakes or errors on the application can result in a denial or delays. Like any package of forms that you send to the USCIS, everything has to be complete and comprehensive.

The first thing to know is that you must start early on an IR-2 visa application because it is not a quick process. We have been seeing that approvals are now taking as long as two years. In the past, this process was much quicker, but a combination of the pandemic and staffing levels at the government agencies have slowed the process down. Do not expect this visa in under 18 months.

An IR-2 Visa Requires an In-Person Interview

An IR-2 visa is not automatic. Part of the process is that your child will be called to the U.S. Embassy where they live to sit for an interview. They will be asked questions that probe their relationship with you to ensure that there is a legitimate family relationship. One of the major concerns that the government has is confirming that there is a parent/child relationship because they are concerned about people misusing this process. In addition, an applicant will need to obtain a medical examination and prove that they have the required vaccinations before they can even receive an interview.

You should enlist the help of an experienced immigration attorney before you begin work on your application to make sure that you follow all the requirements. If your IR-2 visa application was denied, you definitely need the assistance of an attorney to appeal the denial. You have the right to be heard and challenge the grounds for the denial. Common reasons for denial are questions about whether a parental relationship exists and whether the child has a criminal record in the country where they live. An application may also be rejected for incomplete paperwork.

Contact a Marietta IR-2 Child Visa Lawyer

For help with the IR-2 immigration process, contact Urbina Law Firm today. We will work with you at all stages of the IR-2 visa process, compiling your petition and ensuring that you have all the necessary information. If you have any difficulty with your application, we will be your advocate as you seek to get it approved.

Practice Areas

  • Family Based
  • Employment Based
  • Citizenship
  • Humanitarian Relief
  • Investor Visas
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