Generally, a person cannot enter the United States with a pending visa petition. One exception to this is in the case of an adjustment of status. With an adjustment of status, the immigrant is provided with an employment of the recession document, which allows them to work while the process is pending. That process usually takes between six and eight months.
What Is The Process Of Obtaining A Family-Based Visa?
The process of obtaining a family-based via begins with the filing of the petition. Once the petition is approved, the case is referred to the National Visa Centre where all of the necessary documents will be collected in order for the case to be referred to the consulate. Those documents include the affidavit of support, DS-260, immigration application, immigration visa application, civil documents (original birth certificate or naturalization certificate) and police clearance showing that the person doesn’t have a criminal background. Once the National Visa Centre has received all of those documents, the case is referred to the consulate for an interview.
At the interview, the officer is going to ensure that the person qualifies for the benefit and that there are no issues of inadmissibility. They will ensure that the person doesn’t have any criminal convictions that would make them ineligible for the visa. If the officer is satisfied that the person meets all of the requirements, then the person is given a visa to enter the United States. Once they are in the United States, they will receive a green card in the mail approximately two or three weeks later.
In the case of an adjustment of status, everything is filed at the same time. So, if you file the petition with the adjustment of status, then the person will receive the employment authorization document about 60 to 90 days later. An interview with an immigration officer would follow about six to eight months later. During that interview, the immigrant has to prove that there is a qualifying relationship and that there are no issues of inadmissibility. If the officer is satisfied that the person meets the requirements, then they will approve the case and the immigrant will receive a green card in the mail about two or three weeks later.
How Can I Check The Status Of My Pending Petition?
There are different ways to check the status of a pending petition, but the most common way is to call the number for immigration. Every case that immigration receives is issued a case number. With that case number, someone can call and obtain information about their case.
The second most common way to check the status of a pending petition is by checking the immigration website. On the immigration website, a person can also schedule an InfoPass, which is an appointment with an immigration officer who can address any inquiries. During that appointment, a person is able to review the file and get more meaningful information.
If a case is taking too long or immigration is not able to answer your questions, then you can submit a request with the office of the USCIS ombudsman. The USCIS ombudsman is the officer who regulates immigration. Once we speak with an ombudsman, we are usually able to find out exactly what’s going on with a case.
Can I Appeal The Denial Of My Petition Or Application For A Family-Based Visa?
Yes, a person can file an appeal. There are different things that can be done if a case is denied. One is an appeal, one is a motion to reconsider and one is a motion to reopen. An appeal is normally done if we think that immigration made an error in the adjudication of a case. This appeal is normally done with the US Board of Immigration Appeals or USCIS Administrative Appeals Office.
For a motion to reopen or a motion to reconsider, we go directly to the immigration office that rendered a decision in order to explain to them why they should either reconsider or reopen their decision. If they agree to do so, then we can provide additional documentation.
For more information on Coming To The US With A Pending Visa Petition, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 306-6921 today.