If you have successfully obtained a family-based visa, you may have a conditional clause attached. If so, it is important to understand how Oak Brook family conditional permanent resident visas work, as well as how you may remove this condition from your visa.
However, the nuances of navigating this system may be confusing and overwhelming. By speaking with a knowledgeable and well-versed attorney, you could begin to file the appropriate forms and work to obtain a permanent resident visa free of restrictions.
What is a Conditional Permanent Resident Visa?
Enacted by Congress, a conditional permanent resident visa is applied to certain green cards in order to prevent fraudulent marriage as a means of obtaining citizenship. Therefore, an immediate relative may be issued one of these conditional visas if his or her green card was issued within two years of marriage.
This conditional clause will be applied to a visa for 24 months, at which time a person must file a Petition to Remove the Conditions form—form I-751—to request that these conditions be waived. This is a joint filing, which will ideally be done with the original US citizen petitioner. However, if a person has gone through a divorce or separation, therefore making a joint filing unavailable, the immigrant’s family member may file for a waiver of those conditions on the same form.
The Process for When a Family Member’s Visa Application is Approved
There are numerous steps a person must take in order to complete the application process for a family member’s visa. If the approval of a family member’s application was granted without an interview, this acts as a pre-approval for an immigration case. However, while this means the government has reviewed the file, the final decision rests with a Customs and Border Protection officer at an airport or by an immigration officer. After an I-130 approval, the case begins to move in earnest.
Sometimes, a person intending to immigrate to the United States will go to a U.S. embassy or consulate in his or her home country to complete the application for a green card—this is known as consular processing. Afterward, the case will move to the National Visa Center (NVC), where more documents, additional payments, and final assembly will be done on a file.
Once this completed, it will be forwarded to the embassy for a person to go through the consular process. If the applicant is adjusting status, the immigrant visa and its adjustment status will often be approved at the same time.
Common Mistakes Made When Trying to Complete a Family Member’s Visa Alone
One common mistake made by a person completing the process to legalize a family member’s stay is to submit the wrong form. If this happens, the person being applied for will most likely not be qualified for the benefits offered under this wrongfully chosen form. Other times, a person may simply not follow the instructions listed when filling out a form or he or she may not send in the required supporting evidence.
However, the most common mistake is simply due to misinterpreting a question on the form. Often, a person will answer a question to the best of his or her ability but do not realize that, under immigration law, each one of these questions is contextualized by the law and, therefore, does not necessarily carry its ordinary meaning.
Another common mistake that someone may make is a disregard for the grounds of admissibility when answering a question—and whether this answer will affect his or her family member. This is because even if a person has a qualifying relationship for a green card, it does not automatically mean that immigration will grant benefits without first considering the context of an answer and whether it is grounds for disqualification or deportation. Because of these nuances and potentially confusing elements, you may wish to seek the assistance of a practiced attorney when filing for the removal of a conditional element of a visa.
How a Lawyer Might Help with Oak Brook Family Conditional Permanent Resident Visas
If you are are in the process of obtaining a green card, or already have a visa and want a restriction removed, it is important to understand how a family conditional permanent resident visa works in Oak Brook. Like any other step of the application and filing process, the means by which a person must file to a condition removed from a visa may be confusing.
Instead of trying to figure it out alone, a compassionate and well-practiced attorney could help with each step. For help with your visa conditions, call a legal professional today.