Our client retained our firm to handle the consular processing phase of his relatives living in India.
Family-based immigration allows family members to emigrate either as Immediate Relatives of US citizens or through the Family Preference System. Our client’s relatives qualified under the F3 Preference Category – Married Sons and Daughters of US citizens. Dependent family members are eligible to immigrate under the same preference and priority date as the principal beneficiary.
The Family Preference is subject to a Quota System under which the number of immigrant visas are capped and generally allocated based on a formula factoring the family preference, nationality of the intending immigrant, and the order in which the application was filed (Priority Date). While other factors may increase the number of family-based immigrant visas available during one year, in practice visa applications have far exceeded the quota numbers resulting in long waiting times in each of the family-based preference category.
Our client wanted us also to respond to a Request for Evidence (RFE) issued by the immigration services concerning an unobtainable birth certificate. One of the family members was born prior to 1970 when the report of births was voluntary in India. USCIS made contingent the I-130 petition approval on providing the documents. We obtained the required secondary evidence documenting to the satisfaction of the USCIS the beneficiary’s date and place of birth.
When the priority date became current, we prepared the appropriate forms and provided the necessary documentation to the National Visa Center. An Immigrant Visa Interview was scheduled for the principal beneficiary, her spouse, and their three minor children at the US Embassy in Mumbai. The immigrant visa was granted and they are finally reunited with their family.
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