Just because your application has been submitted does not mean that your options are set in stone. United States Citizenship and Immigration Services (USCIS) understands that situations change, and that you could be more qualified for one visa category as opposed to another that you previously applied for. To fully understand your options while waiting for a family preference visa in Aurora, talk to a dedicated family immigration attorney.
In Aurora, the wait time for family members who have applied to legalize their stay using the family preference category is determined by a number of factors. Once a case has been filed, within three to six weeks, the family would receive a notice of action, which would have a receipt. That receipt notice would have a notice date of when the file was received. That date becomes the client’s priority date. Then, they would use the visa bulletin on the Department of State’s website to monitor those dates to see when a visa might become available for the family member.
If a family member has a long wait time for one preference category and is eligible for another visa category, they should apply for that category as well. Ideally, an immigration attorney would be able to help them figure out which category they are able to apply for. These rules get a bit tricky in the sense that depending on the change in the fact scenario when someone was eligible for one category, they may drop to a different category and have to wait longer. Likewise, if something changes within that fact scenario, someone may be able to apply in a different category by alerting USCIS or people under the different category. An Aurora immigration attorney would be able to help them navigate those waters and avoid waiting too long for a family preference visa.
Aside from waiting for long periods of time, there are other downsides to applying for a family preference visa in Aurora. Any time that someone comes through immigration at the airport or at one of the U.S. borders, they must determine if the officer has agreed to deny entry because the immigrant visa has been filed in behalf. However, this is not a reason to not apply or not have a family member apply for an immigrant visa.
If your situation changes and you now qualify for a higher family preference category, some important considerations include getting the filing in correctly and making sure that any derivative family members that may be on your application are able to immigrate with you or do a filing to join with you.
One of the biggest mistakes people can make is filing for a particular category of visa and then not letting the beneficiary or the immigrant know that that category has specific requirements. Another common mistake is someone applying under the child of a legal permanent resident that is unmarried and the child unwittingly gets married in their own country. The moment they get married, they are no longer within any of the preference categories and the case is automatically terminated, because the child is no longer eligible for an immigrant visa.
While waiting for a family preference visa in Aurora seems like a frustrating thing to do, there are steps that you could take if your situation changes. Depending on a change of status or eligibility, you or your loved one could apply for a more coveted category. Let a knowledgeable family immigration attorney explain how this is possible. Pick up the phone and call our firm today.
