Individuals from foreign countries frequently seek to move to the United States. To do so, they will require an immigrant visa. One of the best and fastest ways to obtain a visa is by applying as an immediate relative of a United States citizen.
Only certain individuals will qualify for this form of visa. If you have questions regarding immediate relative visas in Marietta, speak to an experienced visa attorney. Even individuals who qualify for this form of visa may need the assistance of a lawyer who could guide them through the process.
Immediate Relatives Versus Other Family Members
There are two forms of family-based immigration visas, one of which is for immediate relatives. Immediate relative visas are for individuals who are the spouse, child, or parent of United States citizens. Unfortunately, only children under 21 who are unmarried, as well as parents of citizens who are 21 or older, qualify under the legal definition.
The immediate family member category receives preference over other family-based immigration visas in that there is no limit on how many of these immigrants can enter the country each year. Visas based on family preference will allow certain lawful permanent resident relatives and other family members related to U.S. citizens, including brothers and sisters, to apply for visas.
There are limited numbers of individuals permitted to obtain family preference visas each year. Because of restrictions on the number of people who qualify based on this category, there can be long wait times for these applicants. Anyone seeking an immediate relative visa should speak to a local attorney.
How Long Does the Visa Process Take?
It can be difficult to estimate how long it will take to get an immediate relative visa. Approval times can run between five and nine months. In some instances, the process may require additional time.
The wait time is relatively short for this category because there is no restriction on the number of these visas the government can issue. Although the process may be faster for this visa than other forms, it will be important for these applicants to seek an attorney’s assistance.
The Effect of Divorce on Family Visas
Spouses of U.S. citizens are among the individuals who can file for immediate family visas in Marietta. However, a divorce can sever that relationship and may create challenges for an immigrant visa. Even in the event that a marriage does not last two years, the immigrant will still be on a conditional visa or green card.
After the two-year period, the divorce will no longer be relevant for the immigrant’s visa purposes. For individuals who divorce before the visa becomes an unconditional green card, the spouses will need to file a form stating that their marriage was legitimate. If an applicant’s spouse does not agree to sign the immigration application, they will need to file on their own and state that the divorce was not fault-based and that it was a legitimate marriage, rather than an attempt to obtain a green card.
These issues can become particularly complicated. Anyone divorcing after obtaining a visa should speak to a lawyer about the potential implications that their divorce might have on the immigration procedure.
Learn the Specifics of Immediate Relative Visas in Marietta with an Attorney
Immediate relative visas offer a way for families to stay together when they move to the United States. This visa offers one of the best pathways to becoming a permanent legal resident and eventually a citizen.
The process of applying for an immediate relative visa in Marietta requires a comprehensive knowledge of the process. If you have questions about obtaining one of these visas, contact our office as soon as possible.