The Process Following The Submission Of A Family-Based Immigration Petition
Once the family-based immigration petition is submitted, the first response typically comes in the form of an online verification, if this service was requested, within 7-10 days. Following this, within two to four weeks, you should receive a receipt in the mail.
Attendance Requirements For The Immigration Interview
If the financial sponsor is a separate entity from the spouse or family member, their attendance at the interview is not mandatory. However, in most cases, the family member also serves as the financial sponsor, and in such instances, both the sponsor and the applicant must attend the interview.
The Role Of An Attorney During The Interview
Attorneys can attend the interview, but their role is limited. While they can assist in explaining the questions being asked, they cannot object to the questions nor answer on behalf of the interviewee. They can, however, provide supporting documents to the interviewer when necessary.
Decision Timeframe Post-Interview
The decision from USCIS sometimes arrives on the same day as the interview. However, it can also take anywhere from two to four weeks. In some cases, it may even take up to three months based on past experience.
Common Reasons For Denial of Family-Based Immigration Petitions
Family-based immigration petitions are commonly denied for a variety of reasons, including:
- Forms not being properly filled out or signed.
- Insufficient information being provided for USCIS to make a decision.
- The inability to establish the claimed familial relationship.
- USCIS suspecting that the marriage was solely for immigration purposes.
- The lack of enough evidence to prove the existence of the relationship.
If your petition is denied, you have two options. The first one is to file a motion to reconsider or reopen within 30 days of receiving the denial. This process requires an additional filing fee. In these motions, you can present new evidence or documents, like adding a sponsor or providing evidence that was previously missing, to prompt USCIS to reconsider their decision. If this isn’t done within 30 days, your other option is to reapply.
Upon approval of the petition, a green card is typically issued to the recipient, be it the family member or the intending immigrant. This takes about two to four weeks to arrive in the mail. The green card includes their photo, date of birth, country of birth, alien number, and the type of immigration case.
It grants the holder the ability to obtain a driver’s license, secure employment, own property, and buy a car, among other benefits that citizens enjoy. However, green card holders are not allowed to vote in elections and cannot stay outside of the United States for more than 180 days per year. So while it offers many benefits of citizenship, it is not quite the same.
Common Pitfalls In The Immigration Process
The most common mistake seen when people attempt the immigration process on their own typically involves married couples who fail to sufficiently prove that their marriage is based on a genuine relationship, as opposed to solely for immigration benefits. Essentially, the most frequent issue is the lack of strong evidence supporting their application or petition.
The Benefits Of Hiring An Attorney
It’s always advisable to hire an attorney at the outset of the process because having a legal expert guide you from start to finish, and answer any questions along the way, can prove invaluable. Early legal intervention or guidance can help prevent denials of applications or petitions. As an experienced attorney, I’m familiar with the necessary documentation and procedures to ensure an application’s approval. With my expertise and history of successful applications, I understand what’s needed and how to effectively present it to USCIS to secure approval – and I’m ready to guide you and your family through every step of the way.
For more information on Submitting A Family-Based Immigration Petition, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (662) 672-6663 today.