Common Challenges that Can Arise in Family Immigration Cases

Family is important. The American Immigration Council (AIC) reports that nearly 70 percent of all immigration to the United States is a form of family immigration. With that being said, family immigration can be challenging. Many complicated issues can arise during the application process. Here, our Northern Virginia family immigration attorney highlights some of the most common challenges to be prepared for in family immigration cases.

Family Immigration Challenge #1: Proving the Legitimacy of the Family Relationship

As part of any family immigration petition, you will be required to establish that you actually have a bona fide relationship (legitimate relationship). Proper documentation is a must. While it is certainly not a major challenge in every case, it is a big deal for spousal visas/marriage-based visas. It is imperative that you are prepared to prove that you have a qualifying familial relationship.

Family Immigration Challenge #2: Inadmissibility Issues and Waiver Requirements

There are issues that can make a person who is otherwise eligible for family immigration ineligible. It is a category called inadmissibility. Some of the most common specific admissibility issues include unlawful presence, prior removal orders, misrepresentation, and certain criminal conduct. A finding under INA § 212(a) will lead to an outright bar to approval unless a waiver applies. Immigration waivers are complicated. There are very specific legal standards. As an example, an I-601 waiver often requires proof of “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident relative in order to counter inadmissible status. 

Family Immigration Challenge #3: Processing Delays, Backlogs, and Priority Date Issues

Unfortunately, the family immigration process has the potential to be frustratingly slow. Visa availability limits many family categories. Immediate relatives of American citizens are able to avoid numerical caps. On the other hand, preference categories are subject to annual limits and per-country caps. The United States Department of State publishes monthly cutoff dates that control when an applicant may proceed. A challenge is that retrogression can stall a case after years of waiting. Administrative processing, security checks, and even issues related to scheduling an interview can all slow the process down. 

Family Immigration Challenge #4: Adjustment of Status Versus Consular Processing 

Applicants must choose between adjustment of status in the United States and immigrant visa processing abroad. Each path carries distinct exposure. Departure for consular processing can trigger three- or ten-year bars for unlawful presence. Adjustment requires continuous eligibility, lawful entry in most cases, and admissibility at the time of filing. If you are weighing this decision, an experienced Virginia family immigration attorney can help.

We are Proud to Be Leaders in Family Immigration in Northern Virginia

At Escobar Law Offices, our Virginia family immigration attorney is a knowledgeable, experienced, and compassionate advocate for clients. If you have any questions about family immigration, please do not hesitate to contact us for a fully confidential consultation. We provide family immigration services throughout Northern Virginia, including in Annandale, Arlington, and Fairfax.

Source:

americanimmigrationcouncil.org/fact-sheet/how-united-states-immigration-system-works-fact-sheet/