Contact Us
Contact an Albuquerque immigration attorney at
Kretz & Romero, P.C. to get expert advice about your immigration situation.
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Q: Once I have applied for a family visa is it certain I will get it?
A: No. there are no guarnatees that it will be issued just because you applied for one. With that being said it is highly recommended that applicants, Do Not make any eventual travel plans, Do Not make any arrangements to sell any of your property, and Do Not quit your job until they have been issued the visa. Immigrant visas can remain legitimate for six months from the date it was issued. Some exceptions are, anyone born in the United States has a claim to United States citizenship. Anyone born in another country might have a claim to United States nationality if:
If one of the parents were born or naturalized in the United States, or if one of the parents were a United States citizen at the time of the applicant's birth.
If an applicant believes that they might have a claim to United States citizenship they should not apply for a visa until it is determined by the the consular office of their citizenship.
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Q: What documents do I need for a visa application?
A: First the petitioner/sponsor has to supply an Affidavit of Support, Form I-864. Then every applicant is also required to supply valid personal documents which may include passports, birth certificates, police records, and other public documents. The consular officer will provide a list to the visa applicant of the needed documents that is rwquired for their applications to be processed.
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Q: Do immigration visas have a set limit?
A: Yes. When the number of qualified applicants for a category exceeds the openings, the category is then considered oversubscribed. Immigrant visas will then be given out in the order in which they are recieved from when the petitions were filed until the total number for the limit in that category has been reached. The filing date of a petition is the applicant's priority date. The applicant's priority date must be reached before an Immigrant visas can be issued. Where there are densely oversubscribed categories, there could be a very long waiting period, up to several years before a priority date is attained. Check our Visa Bulletin page, for the latest priority dates.
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Q: I was told my visa was declared ineligible? That does that mean?
A: Immigration laws of the United States forbids the visa to be issued to certain applicants. Here are some examples of applicants who will be refused visas are:
An applicant has a communicable disease such as tuberculosis.
An applicant is a drug addict or has a dangerous physical or mental disability.
An applicant has committed a serious crime.
An applicant is a terrorists, or affiliated with a party that wishes to do harm against the United States.
An applicant has used illegal means to enter the United States.
An applicant is ineligible for citizenship.
If you were a former exchange visitor you may have to wait two years living abroad. If you are a doctor who wishes to practice medicine in the United States you are required to pass a qualifying exam before you will recieve an immigrant visas.
If you have been found ineligible, you may be able to obtain a waiver from the consular officer if the law permits it.
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Q: Do I need to get a physical if I am getting an immigrant visa?
A: Yes. Before you can receive an immigrant visa, every applicant, no matter their age, must get a physical. The consulate or Embassy provides a list of doctors you may chooses from to perform the examination. The applicant is responsible for the cost of the phyiscal as well as the visa fees.