The immediate relative visa is a family-based immigration visa and one of the most applied for. This popularity is thanks to its high success rate and slightly favorable application process. But make no mistake; this pretty straightforward visa process can sometimes become very tricky if you don’t understand how to go about it. Read on to learn the concept of this incredible visa route and how to process it in Miami.
What is the Immediate Relative Visa?
Also known as IR visas, the immediate relative immigration system offers permanent residency to close relatives of U.S. citizens. It is the easiest of the various family immigration options, and it’s faster to process. However, not all ‘close family members qualify for this process. As the name implies, only direct relatives can benefit from this immigration route. Here are the qualifying relationships according to USCIS.
- Spouse: The first qualifying relationship in this category is the spouse of a citizen who can secure legal immigration status by applying for an IR-1 or CR-1 visa. The CR-1 specifically applies to couples. This option allows U.S. citizens to unite with their legally married spouse.
- Unmarried Children: The next category is for single children under 21. Adopted children also fall within this category, but older or married children must go through the family preference.
- Parents: The IR-5 visa qualifies parents of U.S. citizens and LPRs to secure immediate relative immigration.
Note that the immediate relative visa is quite different from the family preference visa for more distant relatives. But unlike its counterpart visa, an IR visa does not have an annual limit on petitions.
Why Miami is a Popular Location for Family-Based Immigrants
Choosing Miami for your family-based immigration may be one of the best things you do for this process, and it’s not just hype. You see, while Miami is best known for its pristine beaches and tall trees, the cultural flexibility and immigrant-friendly services in these parts can be equally appealing for newcomers.
For most, this city’s appeal lies in the easy access to legal resources here, which makes completing the immigration process less demanding. Also, the fact that there’s a Miami USCIS field office means you can easily track your application. Moreover, it makes the pathway to securing a Green Card less demanding, allowing you to live in the moment.
Steps to Complete the Immediate Relative Petition in Miami
Miami offers clear benefits to immigrants who know how to access them
- ● Establish Eligibility: The first thing to do when applying for an immediate relative visa is to check whether you qualify for it. It’s a straightforward step that only requires you to show that you fall into any of the relationships listed for this visa option.
- ● File Form I-130: The next step involves picking up a Petition for Alien Relative form. This task often falls to the American sponsor, who must complete it and submit it accordingly. This form and the supporting documents show that the sponsor is a U.S. citizen. It also serves as proof of their relationship with the potential immigrant and should be forwarded to the Miami USCIS office.
- ● Choose a Green Card Path: The USCIS guidelines indicate two ways to apply for a Green Card for immediate relatives. The first is adjustment of status, which applies only if the beneficiary is already legally living in the United States. The other is called consular processing for applicants outside the country.
- ● Documentation: The next step involves submitting the necessary documents for the process. Depending on the pathway, the beneficiary may be required to fill out an online application form first. Other documents needed for this process include an International Passport, an Affidavit of Support, Medical Records, a Police Certificate, IDs, etc.
After ticking each of these boxes to apply for your visa, the next step is to wait for the USCIS board to approve your immediate relative application.
What To Expect After Submitting Your Application
While applying for your IR visa can be tricky, it is not the only challenge you may face in this process. Of course, the next step requires you to wait for feedback from the immigration agency. But then, USCIS response times can take a while, typically 10 to 14 months. Note that you can proceed to the next step only after you receive an approval email from the immigration board.
The biometric verification and interview steps that follow present two distinct challenges. After these steps, you’ll still need to wait for feedback from the NVC, then for your visa result a few extra months later.
Mistakes to Avoid During the IR Visa Application
Immigration processes in general, can be tricky, leading applicants to make simple and complex errors. Here are some of the primary factors constituting delays and how to avoid them.
- Missing Documents: Immigration processes usually require submission of several forms and documents that can be hard to keep track of. It gets worse because a single missing document can stall your immigration process or even affect the entire process. To get ahead of this challenge, conduct a thorough check to ensure everything is intact before submission.
- False Information: Another common mistake is incorrect information, which can also affect your chances of securing a successful immigration. Also, since USCIS often thoroughly reviews this data, it’s almost impossible to get an incorrect form past them. To avoid this complication, ensure all the forms are completed and contain accurate answers.
- Missed Deadlines: As a third layer, you can provide all the necessary documents correctly and still miss out on visa approval because of late submission. Deadlines in the immediate relative visa application indicate the time limit for each action. Also known as priority dates, failure to beat these deadlines can often lead to delays and visa complications. Staying up to date on various dates can help you put a lid on this challenge. Moreover, filing your petition early almost guarantees quicker processing and a faster overall immigration process.
- Failed Background Check: Consulate officers usually carry out background checks on applicants to verify their true identities. You can typically expect a thorough inspection of your background, relationship certificates, and criminal record in this process. But as complex as this process sounds, you can rest assured you have nothing to worry about as long as you have nothing to hide.
Do You Need an Immigration Attorney in Miami?
Overcoming the various challenges of the immediate relative petition seems straightforward enough until the pressure of the process starts. Applicants who are not familiar with the process can often get overwhelmed by its complexity, and that’s where the services of an expert become essential. An Immigration attorney is a law practitioner who specializes in helping aspiring immigrants secure positive outcomes for their visa applications. Of course, you can process your Miami IR visa without these experts’ help.
But hiring one can make all the difference in such delicate situations.
- Tailored Guidance: While there are general immigration laws, different cases can often require different approaches. Applying the wrong approach to your case might make the tricky process even more complicated. In such cases, only an experienced immigration lawyer can guide you in your specific bid to secure an immediate relative visa in Miami.
- Help With the Application: The intricacy of the application process can often get overwhelming for individuals to handle on their own. Other times, excessive documentation causes them to make a few errors. An expert can help reduce the risk of such mistakes and put everything in order before submission. They also know which approach to take to make the process faster for you.
- Prepare You for the Visa Interview: The visa interview is a vital part of the application process you want to ace. Immigration lawyers are pretty experienced with this aspect, too, and can help prepare you adequately. That means you already know the questions to expect and how to answer them best.
- Help You Save Time and Energy: One of the most obvious benefits of hiring a legal expert for your immigration is that it automatically takes the load off your shoulders. With an expert on the task, you have less to worry about, and the peace of mind that comes with it is priceless.
The Coleman Law Group Can Help You
The process of securing an immediate relative visa can often get complicated, and that’s why you need to partner with a good immigration lawyer. Luckily, Coleman Law Group has your back for all family-based immigration needs. Our lawyers are experts in the field and have lots of experience helping aspiring immigrants secure immediate relative visas. From documentation to interview preparation, you can count on our firm to provide exceptional legal services tailored to your immigration needs. Schedule a consultation today to get more information about your specific case.
Services We Offer
At The Coleman Law Group, we offer a range of immigration services, such as;
- Family-based immigration, including family-based Green Card applications, immediate relative petitions, family preference category visas, fiancé visas, spousal visas, and petitions for children and stepchildren.
- Waivers for grounds of inadmissibility.
- AOS & consular processing
- Employment-based immigration
- Humanitarian relief and VAWA self-petition
- Citizenship and naturalization, and other immigration services.
Frequently Asked Questions About the Immediate Relative Visa
- Can I expedite the visa process?
Yes, but only in exceptional cases, such as humanitarian reasons or government interests. Otherwise, immediate relative visas follow a standard timeline set by the USCIS.
- Is a work permit included in the Immediate Relative visa?
Unfortunately, a work permit is not included in IR visas. However, you can apply for one as soon as you file for adjustment of status.
- Can I appeal to my eligibility?
Yes, you can appeal for reconsideration if you encounter complications with your eligibility. However, you should first consider your options, and the Coleman Law Group can help you assess the best course of action.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice.
