Family-Based Immigration firms

Family-based immigration is one prominent pathway for families who want to live together in the United States. It allows eligible U.S. citizens and lawful permanent residents to sponsor certain relatives for permanent residence. Generally, immigration is a comprehensive process, and family-based immigration is no exception; it involves several steps and different categories. Let’s understand it to make an informed decision. 

What Is Family-Based Immigration?

Family-based immigration is a type of immigration through which eligible relatives of U.S. citizens or Green Card holders can seek lawful permanent resident status. This process is administered by U.S. Citizenship and Immigration Services (USCIS) along with the Department of State and governed by the Immigration and Nationality Act. Generally, family-based cases begin with Form I-130, Petition for Alien Relative. This petition establishes the qualifying relationship between the sponsor and the relative seeking immigration benefits.

Who Can Sponsor a Family Member?

A U.S. citizen may generally submit a petition for:

• Spouses

• Unmarried children under 21

• Unmarried adult sons and daughters

• Married sons and daughters

• Parents, if the citizen is at least 21

• Brothers and sisters, if the citizen is at least 21

Whereas, lawful permanent residents may generally petition for:

• Spouses

• Unmarried children under 21

• Unmarried adult sons and daughters

Green Card holders are not allowed to petition for parents, siblings, or married sons and daughters through the ordinary family-based categories. 

Immediate Relatives and Family Preference Categories

Family-based immigration is primarily categorized into two main groups; they are:

Immediate Relatives

Immediate relatives of U.S. citizens include spouses, unmarried children under 21, and parents when the sponsoring citizen is at least 21 years old. Annual numerical limits don't apply to these categories, which means an immigrant visa is available once the required eligibility and processing conditions are fulfilled.

Family Preference Categories

Apart from the immediate relatives, other qualifying relatives are subject to annual visa limits. This category includes adult unmarried children of U.S. citizens, married children of U.S. citizens, siblings of adult U.S. citizens, and certain relatives of permanent residents.

Eligible candidates in this category are generally required to wait for a visa number to become available. The actual waiting time depends on the category, priority date, and country of chargeability. 

How the Family-Based Immigration Process Works

The exact procedure may vary depending on the relative’s location and immigration category, but generally, these steps 

are followed:

• Step 1: File Form I-130. The U.S. citizen or permanent resident is required to submit a petition and supporting evidence demonstrating the qualifying family relationship.

• Step 2: Wait to decide. USCIS reviews the petition and may request additional evidence or schedule an interview if required.

• Step 3: Wait for visa availability. Immediate relatives are generally exempt from the annual preference-category quota. Other family categories may require a longer wait based on their priority dates.

• Step 4: Complete the immigrant visa application. Relatives living abroad are generally processed through consular processing, which may involve the National Visa Center, financial documentation, a medical examination, and an interview at a U.S. embassy or consulate.

• Step 5: Apply for adjustment of status if eligible. Certain relatives already in the country may apply for permanent residence through Form I-485 instead of consular processing. Eligibility depends on immigration history and other legal requirements.

Frequently Asked Questions (FAQs)

Can a Green Card Holder Sponsor Parents or Siblings?

Usually, a Green Card holder is not allowed to sponsor parents or siblings. They are allowed to petition for spouses and qualifying unmarried children. 

How Long Does Family-Based Immigration Take?

The time required for family-based immigration depends on factors like relationship category, application workload, priority date, and country of chargeability. Immediate relatives generally don’t face preference-category visa quotas, whereas other relatives may face longer waiting times.

Does an Approved I-130 Guarantee a Green Card?

There is no guarantee of a Green Card under I-I30. Approval depends on the qualifying family relationship and other requirements such as appropriate procedures and more.

Conclusion

Family-based immigration provides a legal route for individuals to invite (sponsor) their family members to live together in the United States. It is a complex and comprehensive process, requiring expertise in this field. It is recommended that you consult with an expert family-based immigration attorney for complete guidance in this matter.