FAMILY IMMIGRATION

Family-based immigration has played a crucial role in shaping the diverse fabric of the United States. For decades, the United States has prioritized family unity and reunification as one of the key pillars of its immigration policy. Through family-based immigration, U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members to immigrate to the U.S.

Categories of Family-Based Immigration

Family-based immigration in the United States is divided into two main categories: immediate relatives and family preference categories.

Immediate relatives are not subject to numerical limitations. They therefore have unlimited visa numbers and can proceed through the immigration process as fast as the agencies can adjudicate them. Immediate relatives include the following relationships:

1. Spouses of U.S. citizens
2. Unmarried children under 21 years old of U.S. citizens
3. Parents of U.S. citizens (if the citizen is 21 years of age or older)

Family preference categories are subject to numerical limitations. Family preference category applicants must wait for a visa number to become available and thus have substantial wait times throughout the application process. Family preference categories include the following relationships:

1. First Preference (F1): Unmarried sons and daughters of U.S. citizens
2. Second Preference (F2):
3. (F2A): Spouses and unmarried children under 21 years old of lawful permanent residents
4. (F2B): Unmarried sons and daughters over 21 years old of lawful permanent residents
5. Third Preference (F3): Married sons and daughters of U.S. citizens
6. Fourth Preference (F4): Siblings of U.S. citizens, if the citizen is 21 years of age or older

Eligibility Requirements

To sponsor a family member for immigration, the petitioner must meet certain eligibility requirements. Generally, the petitioning sponsor must be a U.S. citizen or lawful permanent resident, must prove the qualifying relationship with the intending immigrant, and must meet the minimum age requirement. 

Application Process

Petitioners and their Beneficiaries must go through a multi-step application process, and the process is different based on the current location and eligibility of your relative.

Consular Processing at a U.S. Consulate for Relatives Currently Abroad

• Assess Eligibility: Determine if you are eligible to sponsor a family member. Generally, to be a sponsor you must be a U.S. citizen or a permanent resident (green card holder), be at least 18 years old, and be residing in the U.S. Also, determine if your family member is eligible for sponsorship based on your relationship (e.g. spouse, child, parent, sibling).

• File a Petition: The first step in the formal process is filing a petition with the United States Citizenship and Immigration Services (USCIS). Usually, this is Form I-130, Petition for Alien Relative. Complete the form and submit it along with the necessary supporting documentation and fees.

• Await a Decision on the Petition: USCIS will review your petition. This may take several months or even years. They might request additional information or documentation. Eventually, you will receive a decision. If the petition is approved, USCIS will forward it to the National Visa Center (NVC) for further processing.

• National Visa Center Processing: The NVC will assign a case number and ask the intending immigrant (the family member you are sponsoring) to submit an immigrant visa application form, usually Form DS-260. The sponsored family member might also need to submit additional documents and pay fees at this stage. Note that family preference categories are subjet to "visa availability" and must wait for a visa number to become available before the NVC will proceed on their case. Once a visa number is available, the NVC contacts the petitioner to submit supporting documents and pay fees.

• Affidavit of Support: As the sponsor, you might be required to submit an Affidavit of Support (Form I-864), which is a legally binding agreement stating that you will financially support the immigrant relative. This is to ensure that the immigrant will not become a public charge.

• Prepare for the Interview: The intending immigrant should prepare for an interview at a U.S. Embassy or Consulate. This includes gathering required documentation such as passports, civil documents (birth certificates, marriage certificates, police records, etc.), and completing any required medical exam and vaccinations.

• Attend the Visa Interview: The intending immigrant must attend an interview at a U.S. Embassy or Consulate. During the interview, a consular officer will review the application and supporting documents and ask questions to determine eligibility for the immigrant visa.

• Visa Approval and Immigration Fee: If the visa is approved, there may be additional fees to pay. The immigrant will be given a visa packet to bring to the U.S. and should pay the USCIS Immigrant Fee before departing.

• Enter the U.S.: The immigrant must enter the U.S. before the visa expires. Upon arrival, they will go through customs and present the visa packet to a Customs and Border Protection (CBP) officer.

• Receive Lawful Permanent Resident Card: After entering the U.S., the immigrant should receive their green card in the mail within several weeks. This documents their permanent resident status in the United States.

The immigrant visa application process is complicated and may vary greatly depending on individual circumstances. Consulting an immigration lawyer can be helpful to navigate the specifics of your case.

Adjustment of Status for Relatives Already in the United States

When the relative you are sponsoring is already in the United States, the process is different and is known as Adjustment of Status (AOS). This allows an eligible person to adjust their immigrant status without leaving the country.

• Determine Eligibility: The person seeking adjustment of status must be eligible to do so. Typically, eligibility is based on a qualifying family relationship or through some other category such as employment. They must also meet other requirements including being "admissible" to the U.S.

• File the I-130 Petition: As with family members outside the U.S., you will need to file Form I-130, Petition for Alien Relative. This establishes the qualifying relationship between the sponsor and the intending immigrant.

• File the Form I-485 Application: Along with or after filing Form I-130, the relative in the U.S. should file Form I-485, Application to Register Permanent Residence or Adjust Status.

• Submit Supporting Documents and Fees: Along with Form I-485, the applicant needs to submit various supporting documents, including proof of the relationship, identity, lawful entry into the U.S., evidence of admissibility, and any other applicable forms to request interim benefits, like work authorization (Form I-765) or advance parole (Form I-131).

• Affidavit of Support: Similar to consular processing, the sponsor will need to submit an Affidavit of Support (Form I-864) to establish that they have the means to financially support their relative.

• Attend Biometrics Appointment: The person adjusting status will be scheduled for a biometrics appointment where fingerprints, photograph, and signature will be taken for background checks.

• Prepare for the Interview: The person adjusting status should prepare for an interview at a USCIS office. This preparation includes gathering all required documents and records.

• Attend the Interview: The person adjusting status must attend the interview at the designated USCIS office. The USCIS officer will review the application and documents and ask questions to determine eligibility for adjustment of status.

• Await a Decision: After the interview, USCIS will make a decision on the application. If approved, the person will become a lawful permanent resident and should receive their lawful permanent resident card in the mail.

• Receive Lawful Permanent Resident Card: After approval, the immigrant should receive their green card in the mail. This documents their permanent resident status in the United States.

Please note that Adjustment of Status can be a complex process, and the specifics can vary based on individual circumstances. It’s recommended to seek the assistance of an immigration attorney to ensure that the process is handled correctly.

Snable Stevenson & Silva Can Guide You Through The Family Immigration Process

Snable Stevenson & Silva can provide valuable assistance to clients seeking to navigate the family-based immigration, whether assisting with consular processing or applying for adjustment of status.

For consular processing, our law firm can guide and support clients through:

• Initial Consultation: We will assess the client's eligibility for family-based immigration, determine the appropriate visa category, and discuss the necessary documentation.

• Petition Preparation: We will assist in preparing and filing the appropriate petition with USCIS, such as Form I-130 (Petition for Alien Relative), along with any necessary supporting documentation and evidence, ensuring accuracy and completeness. In the event that USCIS has any questions or concerns (Requests for Evidence), our firm can handle the response to any issue that USCIS raises during the process.

• National Visa Center (NVC) Processing: We will handle communications with the NVC, complete the required visa application forms (such as DS-260), complete any necessary affidavit of support forms and evidence, and compile and ensure that you have the required supporting documents, such as police clearances, medical examinations, financial evidence, and evidence of relationship.

• Embassy / Consulate Interview: We will prepare clients for the visa interview, provide guidance on the required documents, and address any concerns or potential issues.

• Visa Issuance: We will assist to be sure that the visa issuance process is completed, with passport and immigrant visa in hand.

For adjustment of status applications, our law firm can provide comprehensive assistance throughout the process:

• Eligibility Assessment: We will evaluate the client's eligibility for adjustment of status based on their relationship to a U.S. citizen or lawful permanent resident, their current immigration status, and any potential grounds of inadmissibility.

• Application Preparation: We will help the client complete and file the necessary forms, such as Form I-485 (Application to Register Permanent Residence or Adjust Status), ensuring accuracy and adherence to immigration regulations.

• Supporting Documentation: We will guide the client in gathering the required supporting documents, such as birth certificates, marriage certificates, affidavits of support, and evidence of continuous presence in the United States.

• USCIS Interviews: We will prepare clients for the USCIS interview, provide guidance on the interview process, and help them gather the necessary documents and evidence to support their case.

• Case Monitoring: Throughout the process, our firm will actively monitor the progress of the application, respond to any requests for evidence (RFE) from USCIS, and address any potential issues or complications that may arise.

By enlisting our law firm's experience in family-based immigration, clients can benefit from our in-depth knowledge of immigration laws and procedures, ensuring a smoother and more efficient immigration process. Our goal is to provide personalized guidance and support to help clients reunite with their loved ones and achieve their immigration goals.

Contact Snable Stevenson & Silva today to schedule a free consultation with an immigration lawyer and get started bringing your family to live the United States.

Contact our Immigration Lawyers Today for Legal Help

Do you want to bring your family member to the U.S. to live? Is your family member currently in the U.S. and you want to find a way for them to lawfully stay? Have you met someone abroad and you wish to marry and live together in the U.S.? Contact Snable Stevenson & Silva for immediate legal assistance and immigration law advice. Our qualified immigration lawyers can help you determine the best course of legal action and help you to achieve your goals.

We offer a free case evaluation and consultation. Contact our immigration law office today to schedule your free appointment with an immigration lawyer.