Moving to the USA: Preliminary Procedures and Immigration Lawyers

The procedures for migrating to the United States often generate many doubts, due to the complexity of the regulations and their agreements with each country. In particular, everything related to scheduling or rescheduling an interview is usually on the podium of consultations. This applies especially concerning the application for an immigrant visa or affirmative asylum.

In this article, we will discuss these topics, as well as when and why legal advice from an immigration attorney is necessary. We will also review the case of a family petition to apply for visas for children and spouses.

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Waiting time to reschedule immigration interview

Most appointments are scheduled or rescheduled from the time the required documents are submitted and up to three months later. However, there may be delays, such as if you are applying for a preferential visa category. This type of visa requires you to check that your priority date is "current" in the Visa Bulletin to receive notification of your appointment.

If you need to change the date and time of your interview, it is a good idea to check the appropriate procedure. You can reschedule your appointment by clicking on the Specific Interview Guidelines for the U.S. Embassy or Consulate in your country.

The most common immigrant visa case requires the completion of Form DS-260. In this case, the processing fee for each application must be paid before the interview can be conducted. Otherwise, you should be prepared to pay the fee on the day of the interview. Payment methods can be consulted with the U.S. Embassy or Consulate in your country.

Before you go to the interview, it is a good idea to review what documents you will need to bring to the interview. You can click on Review Interview Preparation - Documents.

Applicant's citizenship and family petition

It is common to wonder what happens to your family's petitions if you become a lawful permanent resident during the visa process.

The most common example is a petition for your spouse or unmarried children under 21 years of age, on a family second preference (F2A) visa. When you become a U.S. citizen, the petition will simply be upgraded to an immediate relative visa category. This benefits your immigrant relatives because there are no limits on the number of visas that can be issued each year in that category.

Additionally, children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They must apply for U.S. passports at the U.S. Embassy or Consulate. The consular officer will determine whether your child is a U.S. citizen and can hold a passport. If the consular officer determines that your child is not a U.S. citizen, your child can apply for an immigrant visa.

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Immigration Lawyers

In the United States, it is not mandatory to hire an immigration attorney to resolve your case. The system is supposed to be designed so that an individual can complete his or her paperwork. However, it can be very complex because it has many laws and statutes that are also updated and modified all the time. Even understanding the statutes of the United States Citizenship and Immigration Services (USCIS) can be overwhelming for an applicant.

For all these reasons, it is recommended to consult with an attorney who has verifiable experience. This includes especially working with immigration laws. The idea is that he or she will be able to provide legal advice and ensure that your immigration matters develop in the best possible way.

An immigration attorney can successfully advise you by:

• Updating you on your knowledge of immigration laws and other relevant changes.
• Determining the type of visa or immigration program you should apply for based on your case.
• Preparing your case to lead you to a favorable decision.
• Preparing a waiver and appeal on your behalf.
• Preparing your case in a way that looks professional and favorable.
• Assisting you in simplifying the immigration process as much as possible.
• Accompanying you to immigration appointments, hearings with judges, or other events that require your physical presence.
• Legally supporting you during a deportation process or petition for a relative.

Asylum application

If you do not have an immigration court case, you are eligible to file an asylum application with USCIS. This is better known as the “affirmative” asylum process.

After you file your asylum application, you should receive an interview notice in the mail with the date, time, and location of your interview. If not, you should check to see if your Form I-589 has been delivered to USCIS. You can also call the USCIS Contact Center at 1-800-375-5283, or try contacting your local USCIS asylum office.

You may also want to apply for a work permit when you do not yet have your asylum application receipt notice. In this case, a receipt notice should arrive in the mail within 150 days of your application.

If you need to reschedule your asylum interview, you can write the reason why you cannot attend on the original interview notice. You will then need to mail it to your assigned asylum office. However, it can be difficult to reschedule your appointment and this could delay your work permit application. Also, you should be aware of the following:

• If you do not have another immigration status, an immigration court case will be filed against you.
• If you do have another immigration status, USCIS will dismiss your asylum case.
• You can check the status of your application with USCIS using this USCIS page.

Asylum benefits

If USCIS grants you asylum, you will receive a Form I-94 and a work permit card showing that you have completed your application. The benefits of this immigration status include:

• The ability to apply for permanent residency (also known as a green card) at any time.
• Within the first 2 years, you can apply for asylum for your spouse or children who were not included in your asylum case.
• You also have a limited time to apply for benefits (called “asylee benefits”), including possible medical and cash assistance.

How can we assist

We have over 30 years of experience providing comprehensive tax advice to foreigners who wish to move to the United States, ensuring that they comply with all tax obligations efficiently and in compliance with the law. With a team of experts in international accounting and tax planning, we help you understand the complexities of the US tax system, optimizing your financial situation and minimizing risks.

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