FB-2 Visa: A comprehensive guide

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FB-2 Visa

Law firm for international law in Kerpen and Witten

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The family-based immigrant visa, specifically the FB-2 visa, plays a central role in the lives of many people who wish to reunite their family in a new country. This comprehensive guide is designed to help you understand the complexities of the application process and recognize the need for legal representation.

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The FB-2 visa

1 What is a family-based immigration visa?

A family-based immigrant visa, specifically the FB-2 visa, allows family members of U.S. citizens and permanent residents to immigrate to the United States. It differs from other visa types as it requires a direct family relationship. The requirements include proof of an existing family relationship and the fulfillment of certain income requirements.

Requirements for an FB-2 visa

  • Direct family relationship: The petitioner must be a U.S. citizen or permanent resident.
  • Income requirements: The petitioner must prove that he is financially able to support the applicant.
  • Evidence of the relationship: Documents such as birth certificates, marriage certificates and photos must be submitted to prove the family relationship.

The FB-2 visa

2. the application process

The application process for an FB-2 visa is complex and multi-layered. It begins with the filing of Form I-130, Petition for Alien Relative, by the U.S. citizen or permanent resident. Several steps follow, such as processing by the US Citizenship and Immigration Services (USCIS), the National Visa Center (NVC) phase, and finally the consular process. Each step requires specific documents and careful preparation.

Step 1: Filing the I-130 form

Form I-130, also known as the "Petition for Alien Relative", is the first step in the process. It is important that the petitioner, i.e. the U.S. citizen or permanent resident, fills out and submits this form correctly. Missing or incorrect information can lead to significant delays.

Step 2: Processing by the USCIS

After the I-130 form is filed, it is processed by the USCIS. This process can take several months. During this time, the USCIS reviews the submitted documents and decides whether the petition will be approved.

Step 3: The National Visa Center (NVC) phase

After approval by the USCIS, the case is forwarded to the National Visa Center (NVC). The NVC collects additional documents and fees and prepares the case for the consular process. This is a crucial step where many applicants make mistakes that can lead to delays.r

Step 4: The consular procedure

The final step in the process is the consular procedure. The petitioner is invited to an interview at the US embassy or consulate in their home country. During this interview, all required documents must be presented and the applicant will be questioned about their relationship to the petitioner.

The FB-2 visa

3. documents and forms

Necessary documents

Various documents are required to apply for a family-based immigration visa:

  • Birth certificates: These serve as proof of identity and age.
  • Marriage certificates: If the applicant is married, this document is required to prove the marriage.
  • Divorce certificates (if applicable): If the applicant or petitioner is divorced, this certificate must be submitted.
  • Financial evidence: This includes tax returns for the last three years, payslips for the last six months and bank statements. This evidence is required to prove that the petitioner is financially able to support the applicant.
  • Evidence of the family relationship: Photos, e-mails, letters and other documents proving the relationship between the petitioner and the applicant.
  • Passport photos: These must meet the specific requirements of the destination country.

Forms to be completed

The most important forms for the FB-2 visa application are

  • Form I-130: Petition for Alien Relative
  • Form I-864: Affidavit of Support
  • Form DS-260: Immigrant Visa and Alien Registration Application
  • Form I-693: Report of Medical Examination and Vaccination Record
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The FB-2 visa

4. frequent challenges

Many applicants make mistakes that can lead to delays or rejections. These can include incomplete forms, missing documents or insufficient financial evidence. To avoid these mistakes, it is important to plan and prepare the application process carefully.

Typical mistakes and how to avoid them

  • Incomplete forms: Make sure that all forms are filled out completely and correctly.
  • Missing documents: Check the list of required documents carefully and make sure that you have submitted everything you need.
  • Insufficient financial evidence: Make sure that the financial evidence meets the requirements and is complete.

The FB-2 visa

5 The role of a lawyer

Lawyer for immigration law can be an invaluable help. He knows the latest legal requirements and can help you compile all the necessary documents. A Lawyer can also ensure that your application is submitted correctly and completely, increasing the chances of successful approval.

Advantages of legal representation

  • Legal advice: A lawyer can inform you about the current legal requirements and changes.
  • Documentation: A lawyer can help you to compile all the necessary documents correctly.
  • Representation: A lawyer can represent you throughout the process and help you overcome any potential problems.

The FB-2 visa

6. costs of the proceedings

The cost of applying for a family-based immigrant visa (FB-2) can vary and depends on several factors. Here is a detailed breakdown of typical costs:

Application fees

Form I-130: Petition for Alien Relative
  • Fee: $535 (as at: 2023)
  • Description: This fee is due when the U.S. citizen or permanent resident files Form I-130 with the USCIS.
Form DS-260: Immigrant Visa and Alien Registration Application
  • Fee: $325
  • Description: This fee is charged when the applicant submits the DS-260 form online via the Consular Electronic Application Center (CEAC).
Affidavit of Support (Form I-864)
  • Fee: No separate fee
  • Description: These financial support documents are submitted together with the other visa fees.

Biometric fees

  • Fee: $85 (if required)
  • Description: This fee is charged for the collection of biometric data such as fingerprints if this is required as part of the application process.

Medical examination

  • Costs: $200 to $500 (varies depending on country and doctor)
  • Description: The cost of the mandatory medical examination may vary depending on the country and the doctor recognized by the U.S. Embassy or Consulate. This examination includes vaccinations and tests for certain diseases.

Translation and certification costs

  • Costs: $20 to $50 per document
  • Description: If documents need to be translated into a language other than English, translation and certification costs will be incurred.

Travel expenses

  • Costs: Variable
  • Description: These costs include travel to the medical examination appointment and consular interview. The amount of these costs depends on your place of residence and the distance to the nearest US embassy or consulate.

Legal fees

  • Costs: $1,500 to $5,000 (or more)
  • Description: If you hire a lawyer for immigration law, additional costs will be incurred. These vary depending on the complexity of the case and the specific services the lawyer offers.

Other costs

  • Copies and postage: $20 to $50
  • Passport photos: $10 to $20

Sample calculation for typical total costs

Let's assume you need a medical examination, commission a Lawyer and have all the usual documents and fees:

  • Form I-130: $535
  • Form DS-260: $325
  • Biosmetic data: $85
  • Medical examination: $350 (average)
  • Translation and certification costs: $100 (for 2 to 5 documents)
  • Travel expenses: $200 (average)
  • Legal fees: $3,000 (average)
  • Other costs: $50


Total costs:
 $4,645

This sample calculation shows that the total cost of applying for an FB-2 visa can be considerable. It is important to plan these costs in advance to avoid financial surprises. Note that this is only an estimate and actual costs may vary depending on individual circumstances.

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The FB-2 visa

7 Summary and next steps

A family-based immigrant visa offers the opportunity to reunite families. Through careful preparation, gathering all the necessary documents and the assistance of an experienced attorney, you can maximize your chances of a successful application. Start planning now and get the help you need to take this important step.

Next steps

  • Planning: Start planning early and collect all the necessary documents.
  • Consulting: Consider using a Lawyer for immigration law.
  • Submission: Submit your applications and documents on time.

The FB-2 visa

8. FAQ (Frequently Asked Questions)

How long does the entire application process for an FB-2 visa take?

The entire application process for an FB-2 visa can take anywhere from several months to a few years, depending on various factors such as USCIS processing time, National Visa Center efficiency, and availability of appointments at the U.S. Embassy or Consulate.

Can I check the status of my application online?

Yes, you can check the status of your application online via the USCIS website. You will need your application number, which you will receive after submitting the I-130 form.

What happens if my application is rejected?

If your application is rejected, you will receive a written explanation of the reasons. You then have the option of appealing against the decision or submitting a new application after you have resolved the problems mentioned in the rejection.

Do I have to hire a lawyer to apply for an FB-2 visa?

It is not absolutely necessary to have a Lawyer but it can be very helpful. An immigration lawyer can ensure that your application is correct and complete and help you navigate complex legal issues.

What are the most common reasons for the rejection of an FB-2 visa?

The most common reasons for the rejection of an FB-2 visa are incomplete or incorrect information in the application, missing or insufficient documents and insufficient financial proof.

Can I travel to the USA during the application process?

It is possible to travel to the US during the application process, but it is important to be aware of the US Department of State's entry requirements and visa regulations. An existing immigrant visa application may affect your chances of being granted a tourist visa.

What happens during the consular interview?

During the consular interview, you will be asked questions about your relationship with the petitioner and you will be required to present all the necessary documents. The consular officer will then decide whether your visa application will be approved.

What health requirements do I have to meet?

You must have a medical examination performed by a physician recognized by the U.S. Embassy or Consulate. This examination includes vaccinations and tests for certain diseases. Form I-693 (Report of Medical Examination and Vaccination Record) must be completed and signed by the doctor.

How can I improve my chances of a successful application?

To improve your chances of a successful application, make sure all of your documents are complete and accurate, follow USCIS and NVC instructions carefully, and seek the help of an experienced attorney if necessary.

What happens after my visa has been approved?

After your visa is approved, you will receive an immigrant visa packet to present to the Customs and Border Protection officer when you enter the U.S. After your arrival in the USA, you will receive your green card by mail.

The FB-2 visa

9. conclusion

The process for applying for a family-based immigration visa, in particular the FB-2 Visasis complex and can be a significant challenge. From filing the Form I-130 to the consular interview, each step requires careful planning and close attention to detail. Many applicants face numerous hurdles, including providing comprehensive documentation, meeting financial requirements and dealing with administrative delays.

However, a well-prepared and informed applicant has the best chance of success. The role of an experienced immigration lawyer cannot be overstated. Lawyers not only provide legal advice, but also practical support in compiling the necessary documentation and meeting deadlines. They can also provide valuable insight into common mistakes and challenges that may arise during the process.

The financial aspects of the visa application should also not be underestimated. From application fees to medical examinations and possible legal fees - all these expenses should be carefully planned to avoid financial surprises.

Testimonials from successful applicants show that the dream of family reunification can become a reality if you are well prepared and follow the necessary steps carefully. These stories serve as inspiration and offer practical tips that can help other applicants overcome their own challenges.

Overall, the family-based immigrant visa provides a valuable opportunity to reunite families and start a new life in the United States. Through careful planning, thorough preparation and, if necessary, the assistance of a Lawyer applicants can maximize their chances of a successful approval. Start planning now and get the help you need to take this important step.

 
 
 
 
 
 
 

Do you need legal support in applying for an FB-2 visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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