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Family Immigration: Improved Odds in a Difficult System
An article from the Cato Institute asks “Why Legal Immigration Is Nearly Impossible,” and the New York Times declared that “legal immigration today is close to impossible for most people.” It’s an unfortunate reality, but it’s becoming more difficult to move to America. The task is somewhat easier for those with relatives in the country, but they should still use strategies to maximize the success of their family-based visa application in California.
The simple fact is that family-based immigration is not guaranteed. There’s a complex process that must be followed, and failure to meet even one requirement could ruin everything. To have a visa approved and potentially get started on the path to citizenship, a person must engage in careful planning and present a strong case to immigration authorities. There are various strategies for doing this:
Fully Understand Eligibility Requirements
The most important thing you can do to improve your odds of a family-based visa in California is to understand the requirements you must meet. Keep in mind that qualifications for a visa can vary depending on the type of visa you’re applying for.
Whether you’re a parent, spouse, sibling, or other relative, do the research to make sure you qualify. You can also start working towards meeting necessary requirements that you may not yet meet. And if you don’t qualify, you can begin seeking out alternative options.
Gather Strong Supporting Documentation
The government is going to want comprehensive and accurate documentation that proves your relationship to the family member petitioning on your behalf (i.e., the petitioner). This is necessary to determine eligibility, and it can include birth certificates, adoption papers, marriage certificates, and other evidence of genuine familial relationships.
Adhere to Deadlines and Requirements
Securing a visa to America is a legal process, and therefore, there are specific procedures and deadlines that must be followed. Make sure that all your application forms are completed correctly and submitted by specified deadlines.
Also, make sure that you’re paying close attention to the necessary requirements while filing. If you fail to adhere to relevant deadlines and other aspects required by the government, your application could be delayed. At worst, you could be outright denied a visa.
Provide Evidence of Financial Support
Even when leaders in power are open to making immigration easier, they still want to ensure that anyone entering the country has financial support. This focus reduces the strain on the nation’s social safety nets. Everyone applying for a family-based visa must show they have the financial support of a US citizen or Legal Resident (i.e., financial sponsor) unless they meet an exception to this requirement.
Your financial sponsor may use any of the following forms to establish they earn enough to qualify as your financial sponsor:
- Employment verification letters
- Tax returns
- Paycheck stubs
- Bank statements
- Other relevant financial document
The amount of income or assets required will depend on the sponsor’s household size, with a larger household size requiring a larger yearly income. The financial sponsor does not need to be related to you, but their agreement to sponsor you means they are making a commitment to provide you with financial support should you need it, until such time you become a Naturalized U.S. citizen.
It’s important to remain financially stable during the application process and after receiving a visa. While there may be certain social programs that can provide assistance, applying for them could affect a person’s ability to establish permanent residency.
Seek Legal Assistance
No matter how much time you spend preparing and researching, immigrating to America is going to be complicated. This is why many people choose to seek legal assistance. An immigration attorney can help you navigate the system, provide guidance through the application process, and advocate on your behalf.
Prepare for the Interview
In most cases, an interview is required to secure a visa. One of the best strategies for improving your odds of a family-based visa in California is to practice for this interview. Review potential questions you may be asked, and make sure you have a clear understanding of your case.
Keep in mind that these interviews can vary based on your individual circumstances. For instance, someone seeking marriage-based immigration will likely have to answer questions about their romantic relationship. A parent or child-based applicant will probably not.
Proactively Address Potential Inadmissibility Issues
There are certain issues that can make it difficult for a person to secure a visa in America. Unfortunately, there are also certain matters that can make someone inadmissible. Understanding the requirements of the visa you’re applying for will help you recognize whether you may be inadmissible.
If you believe there are issues that may interfere with your family-based visa application in California, it’s advisable to speak with an immigration lawyer. A legal professional can identify any grounds that may make you inadmissible, and they can offer advice on how to address these problems proactively.
Stay in Contact With Immigration Authorities
It’s possible that long periods of time may pass without you hearing from immigration authorities. While this is normal, it’s important to consistently monitor the status of your application. This will ensure that you’re immediately aware of any requests for documentation or additional information. You don’t want to risk missing any messages.
Stay Informed About Policy Changes
Even if immigration law were straightforward in America, securing a family-based visa would still be a difficult endeavor. Unfortunately, our system is far from straightforward. It only takes one election or judicial decision to completely change everything about American immigration. We’ve seen this during the back-and-forth between recent presidents over Deferred Action for Childhood Arrivals.
This is why it’s so critical to stay informed about policy changes. You could be doing everything right to secure a visa, and a single update to policy could add or remove steps in your process. Of course, keeping track of these changes and understanding them can be complicated, and that’s why many people hire an immigration attorney to improve their family-based visa application’s chance of success in California.
At Espinoza Law Group, our legal team stays on top of any policy changes — and we can guide you through the immigration process. Contact us at 213-510-1624 to schedule your consultation.
