The Immigration Problem
Elsa, a U.S. citizen who had spent most of her life in the Middle East, wanted to move back to the U.S. with her husband, Rafael, and their two children. Rafael had received a job offer in the U.S., and the couple saw this as the perfect opportunity to relocate. However, Elsa and Rafael were unsure about the best immigration pathway, and political instability in their country of residence added urgency to their case. They approached VisaPro for guidance on securing permanent residency for Rafael and their children.
The Result
VisaPro’s attorneys developed a comprehensive immigration strategy for the entire family. We determined that filing I-130 immigrant petitions for Rafael and the children was the fastest and most secure path to U.S. residency. Despite worsening conditions in their home country, VisaPro’s proactive approach ensured that Elsa and her family could safely and quickly relocate to the U.S.
Inquiry Into The Background
Elsa’s parents were originally from the Middle East but had lived in the U.S. for several years, where Elsa was born. When she was still a child, her family decided to return to their home country, where she grew up, married, and had two children.
Rafael was a successful professional who had received a lucrative job opportunity in the U.S. At the same time, Elsa and Rafael had been considering relocating due to growing political instability in their country. Concerned about their children’s safety and future, they decided that moving to the U.S. was the best option. However, they needed guidance on the fastest and most reliable way to immigrate.
Elsa also wanted to confirm the citizenship status of her children. Since she was a U.S. citizen, she had heard that her children might also be eligible for U.S. citizenship.
Analysis Of The Problem
VisaPro carefully analyzed the situation and determined the best course of action:
- I-130 Immigrant Visa for Rafael: Since Elsa was a U.S. citizen, this process would allow Rafael to obtain permanent residency and start working immediately upon arrival.
- Children’s Citizenship Determination: VisaPro confirmed that the children did not acquire U.S. citizenship at birth because Elsa had not met the residency requirements before turning 14.
- Derivative Citizenship for the Children: While the children were not born U.S. citizens, we determined that once they entered the U.S. on immigrant visas, they would automatically become U.S. citizens through a process called derivative citizenship.
VisaPro immediately began working on filing three separate I-130 petitions, one for Rafael and one for each child.
VisaPro’s Successful Solution
VisaPro quickly went to work preparing and filing the I-130 Immigrant Petitions for Rafael and the children. Since conditions in their country were rapidly deteriorating, time was of the essence. Our approach included:
- Preemptive Financial and Domicile Planning: Elsa, as the petitioner, needed to submit Form I-864, Affidavit of Support for Rafael. Since she was a stay-at-home parent with no U.S. income, she required a joint financial sponsor. VisaPro advised the couple to secure a co-sponsor early in the process.
- Meeting Domicile Requirements: Since Elsa had lived outside the U.S. for most of her life, she had to prove she was re-establishing domicile in the U.S. VisaPro provided clear guidance on gathering the necessary documents to demonstrate her intent to relocate permanently.
- Expediting the Visa Process: Due to the worsening political climate in their country, VisaPro prepared and submitted a humanitarian expedite request with the National Visa Center (NVC).
The Ultimate Success
- Expedited Processing: The NVC approved the expedite request, forwarding the case to the U.S. consulate immediately.
- Successful Immigrant Visa Interviews: VisaPro provided Rafael with comprehensive interview preparation, ensuring he was well-equipped for the U.S. consulate interview.
- Smooth Entry to the U.S.: Rafael and the children entered the U.S. on immigrant visas. As planned, the children automatically became U.S. citizens upon entry.
- Quick U.S. Passport Processing: VisaPro guided the family through the process of obtaining U.S. passports for the children, ensuring they had official proof of their citizenship without delay.
Conclusion
VisaPro’s strategic immigration planning ensured that Elsa and her family could relocate to the U.S. without delay, despite external challenges.
- Permanent Residency for Rafael: He obtained his green card and was able to start his new job in the U.S. immediately.
- U.S. Citizenship for the Children: The children became U.S. citizens automatically upon arrival, securing their future in the U.S.
- Overcoming Challenges Seamlessly: VisaPro’s proactive approach in securing financial sponsorship, proving domicile, and expediting consular processing helped the family immigrate successfully.
VisaPro’s commitment to solving complex immigration challenges allowed Elsa and Rafael to provide their children with a secure and prosperous future in the U.S. If you need a personalized immigration solution, our experienced attorneys are here to help.
Contact VisaPro immigration lawyers today to explore your options!
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