Living and working in the United States for some is the ultimate dream, but you want to make sure that everything is legal for you to stay, work, or bring family to this country. The United States visa program is the legal process for immigrants who wish to come to this country, but navigating the legal intricacies of obtaining a visa can be tricky. At Miranda, Magden & Miranda, our immigration attorneys have helped a number of clients apply and obtain visas, and we can help you determine which type of visa is right for your situation.
Family visas refer to pursuing a green card to become permanent legal residents in the United States based on a family connection to a U.S. Citizen or Legal Permanent Resident. This includes obtaining visas for spouses, parents, children, and other some other family members, depending on the Petitioner’s status. Fiancé visas (K1) also fall under the family visa category, which allows the fiancé of a citizen to come to the United States to get married. Although the federal government has added more restrictions to certain types of family visas, an immigration attorney can help you apply and fight for family visas for your loved ones.
The United States Citizenship and Immigration Services (USCIS) allows two options for applying for lawful permanent resident status, also known as a green card. One method is referred to as adjustment of status and is normally used when the applicant is already in the United States and meets certain criteria allowing them to request their green card inside the United States. The other method, known as consular processing, requires submitting an application to the U.S. Department of State, and then attending an interview at a U.S. Embassy or consulate. This method typically has the applicant outside the United States for at least of a portion of the application stages. It can be a lengthy and complicated process, and the lawyers at Miranda, Magden & Miranda can provide you with reliable legal guidance throughout your application procedure.
The first step is determining eligibility to apply for a green card, and whether you will need any special waivers or pardons during the process. There are several categories for eligibility, and each may require different forms of documentation. At Miranda, Magden and & Miranda, we specialize in consular processing based on a U.S. Citizen or Legal Permanent Resident Petition. Your family member files a Petition to start the immigration process. Once an immigrant petition is filed and approved, it is sent to the Department of State’s National Visa Center (NVC) for the collection of application fees and additional supporting documentation. The NVC will process the application and when a visa number becomes available, an interview will be scheduled at the consular office. Your lawyer can assist you in preparing for this interview and preparing the evidence you will need to present at that interview. The consular office will then decide whether or not to issue an immigrant visa, reviewing your application documentation and determining if anything in your history requires a waiver. Once the officer determines that you qualify for the immigrant visa, your application will be approved and a visa issued in your passport. You will then have a certain time period to enter the United States on that immigration visa, and you will be a Legal Permanent Resident as of the date of your entry.
This is merely an overview of consular processing under typical circumstances. Every case is different, and the requirements and actions needed to move a case along can vary depending on your situation. The experienced immigration law attorneys at Miranda, Magden & Miranda can help you navigate your options and determine which course of action is best for your application.
If you or a loved one plan to apply for a green card using the consular processing pathway, the attorneys at Miranda, Magden & Miranda may be able to help. We have been assisting families with immigration issues for many years, and we know how to keep your case moving toward a quick resolution. Contact our office in Monterey or Salinas today to schedule a consultation.
If you wish to apply for a visa to live, work, in the Monterey County area, our office may be able to help you with your visa needs. Call the office or contact us today at Miranda, Magden & Mirada to schedule an appointment to review your visa needs and determine which is right for you.
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