An EB-1 visa provides people with great academic or work achievements to immigrate to the United States Permanently. When granted this visa, these people U. S. documents like driver’s license, own property, get married and have children, as well as continue their education. Also, they can apply for U. S. citizenship after a certain point they have held the EB-1 visa without issues. However, getting this visa is not a straightforward process. In fact, it comes with many challenges that applicants usually face. 

EB1 Visa Challenges

The U.S. Citizenship and Immigration Services (USCIS) issues Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) to challenge cases. Although there is no way to avoid these challenges, an EB-1 Visa Lawyer in Dallas seeks to anticipate what areas a USCIS officer might want to attack in an EB-1 case and build a case based on it.

A great attorney is dedicated to helping applicants throughout the process of pursuing a residency in the United States. They will guide you through the process from start to finish, giving advice that can minimize the potential of being challenged or denied by USCIS. 

Factors that can Impact your EB-1 Visa Application

If you are looking to immigrate to the United States, you will have to jump through several hoops. Also, a lot of hidden circumstances can become setbacks in your application. The following factors can affect your EB-1 visa application:

  • J-1 visa. Possession of a current J-1 visa will require you to first return to your country of citizenship for a couple of years before you file for an EB-1 visa. Your lawyer can help you navigate through this process.
  • The work status of your spouse. Under some status, your spouse is not allowed to work without proper authorization. Otherwise, your application could be denied.
  • Criminal record. USCIS takes into account your criminal record when granting permanent residency. Thus, you should let an experienced immigration lawyer evaluate your record first.
  • The age of your children. Your children may no longer qualify for immigration if they reach the age of 21 unless you have obtained permanent residency by then or get to a certain stage that lets them take advantage of the protection the Child Status Protection Act offers.

There is no guarantee that USCIS won’t challenge your application; however, you can take steps to help avoid an unfavorable result. You can make this happen by having a skilled attorney on your side.