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Forced time away from your family during the immigration process can take an emotional toll. Certain relatives of lawful permanent residents are able to obtain a green card through a family-based preference.
A foreign resident seeking a green card must go through consular processing if they are located outside the country. You should contact a Charlotte family-based consular processing immigration lawyer if you have questions about obtaining a green card for a relative in a foreign country.
Before going through consular processing, a foreign resident must first determine their basis to immigrate. Family members of U.S. citizens or lawful permanent residents have several different categories under which they can pursue a green card.
Immediate family members of U.S. citizens have priority, according to U.S. Citizenship and Immigration Services (USCIS). There are no numerical restrictions on immediate family visas, which are available to a spouse, unmarried child under 21 years old, and parents of a U.S. citizen.
Additionally, there are four different categories of family-based preference visas available to foreign residents. Family-based preference visas are limited to a specific amount per year.
The specific family-based visa preference category for your application will depend on the relationship with the U.S. citizen or lawful permanent resident. The categories include:
A Charlotte family-based consular processing immigration attorney can advise you on the right category based on your situation.
Once you have determined the appropriate family-based visa category, the next step is to file an immigrant petition. The sponsoring family member must file a Form I-30 petition for an alien relative.
USCIS will send you a notification of its decision. If the petition was not approved, the notification will typically inform you if you can appeal the decision.
USCIS will send the petition to the National Visa Center (NVC), which is under the Department of State, if it is approved. The NVC will process the immigrant visa when one becomes available.
Availability will depend on a range of factors, such as the:
When a visa is available, the NVC will notify the petitioner to proceed with the next steps in the process. You will likely have to submit supporting documents and pay processing fees at this stage.
At this point, your lawyer can advise you on how to complete the family-based visa immigration process at a U.S. consulate office near Charlotte.
If a family-based visa is approved for a foreign resident located outside the United states, they will have to attend an interview with the U.S. consular office in the country where they are located.
An agent at the consular office will determine if you are eligible for a visa and process your case. You will have to verify certain details in your petition and provide supporting documentation.
Prior to the consular interview, the applicant must submit to certain procedures, such as a medical exam and fingerprinting. The medical exam is not to check on the applicant’s general health, but to look for a potential ground for inadmissibility. It is important to note that this information is not subject to typical doctor-patient confidentiality.
A Charlotte family-based processing immigration attorney can explain what to expect for your consular interview.
Going through consular processing for your visa is complicated. If you have questions about obtaining a visa for a relative outside the country, you should speak to a Charlotte family-based consular processing immigration lawyer immediately.
An attorney can help you understand which supporting documentation is necessary for your visa application.
Charlotte Family & Divorce Lawyers and Immigration Attorneys
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