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What Is The Next Step After An Immigration Petition Is Approved?


Depending on the type of petition, the next step would be applying for the green card. If a family or employer petition is approved, then the next step would be for the individual to apply for a green card. In a lot of family based petitions, the individual can apply for a green card at the same time that the petitioner files the petition for them if the immigrating individual is in the US at the time the petition is filed. A lot of employment based petitions work the same way. In order to apply for the green card, there is an application form that needs to be filled out, and documents that need to be attached and sent to the immigration agency. Depending on the case, it normally takes between four and eight months for the immigration agency to adjudicate it.

What Documentation Does Someone Need To Apply For General Immigration Status?

If we are talking about immigrant visas, aka green cards, then depending on the type of case, there are different sets of documents that a person would need. After a petition is approved, the application for the green card requires the same type of documents, which include, for example the person’s birth certificate. If the birth certificate is not in English, it requires a certified translation. In addition to the birth certificate, a person has to attach a copy of their passport. In addition, one of the most important things to attach to the application would be proof that the person entered the United States with a visa, and that they were inspected and admitted when they came to United States.

That means that when they entered the US and showed their passport to an immigration officer at the border, the officer stamped their passport and allowed them into the US. One important document to attach to the application is called I-94, which is currently retrievable through the US Customs & Border Protection website. It is an electronic document, and the immigration agency will not grant immigrant status without it. In the past, before the year 2013, the I-94 Form was issued on paper at the point of entry into the US and if somebody came to the US before April 2013, they need to have at least a copy of that paper I-94 card when they apply for green card. If the individual lost their I-94 card, they can apply for a duplicate and they have to give a lot of detailed information about their date of entry into the US.

What Can Someone Expect At The Interview Conducted In The Immigration Process?

Normally, the interviews start the same way for all kinds of cases. When the individual enters the interviewing officer’s office, the first thing that they have to do is stand up, raise their hand, and swear to tell the truth and nothing but the truth. Then they sit down. The next step is for the officer is to check their identification documents, such as their original passport, original birth certificate, original marriage certificate, original divorce judgment (depending on the type of case), and original letter from the employer (if it’s an employment based case).

After that, the immigration officer goes into details about their eligibility. For example, in a marriage based case, the officer would ask both spouses questions about how they met, how their relationship developed, and if they know the names of their spouse’s family members. In an employment based case, those requirements would be less rigid and an interview is rarely scheduled.

For other types of cases, called VAWA cases, aka Violence Against Women Act (VAWA), an individual would have to prove that they were abused- either physically or emotionally- by their US citizen spouse. Despite the name, the victim does not have to be a woman; men can qualify for this as well. The person would have to show proof of mental or physical abuse, which may be a police report, counseling sessions, or medical reports.

The immigration officer reviews those documents, but normally won’t issue a decision on the same day. There is a very small number of cases where the officer would give the decision at the end of the interview, but whether someone gets a decision on the same day or not, does not speak to the strength of the case, but rather of the officer’s personal style. In general, officers tell the individual that they have to conduct additional background checks, and that the agency has up to 120 days to issue a decision. However, a decision is usually made long before 120 days have passed. Ideally, it takes four days to two weeks for the immigration agency to issue a decision after the interview. In certain limited number of cases, it could take up to 120 days for the immigration agency to adjudicate a case, however this is not the norm.

For more information on Approval Of Immigration Petition, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (646) 453-4170 today.

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