Family, in short, is basically the foundation for the establishment of every society. And for most immigrants, to be with their families in America is their most precious wish in life.
Most immigrants pray for their families to come to live, work, and stay in American society for their entire lifetimes.
This can be achieved under the U.S. immigration process through family-based immigration. If, for example, you have some relations in the U.S. whom you would like to move to the U.S., in such a case, some information about immigration for families to the U.S. would be required.
It is with these considerations in mind that this blog shall provide information about family-based immigration.
What is Family-Based Immigration?
Family-based immigration is an immigration process whereby some members in some families living in America, U.S. citizens, and permanent residents, also known as ‘green card holders,’ have an opportunity to immigrate to America. With it, U.S. citizens can sponsor their families to enjoy staying together in America.
This is one of those major reasons why immigrants choose to move to the U.S. There are two categories for family-based immigration. You should establish whether your case falls into any of these categories before filing any document.
1. Immediate family members
There is preferential treatment for immediate relations in U.S. immigration policy. It is these relations in which there are no restrictions or wait lists, and it is these relations in which there are close relations for U.S. citizens, in which there are always visas available.
They consist of:
- The spouse of a U.S. citizen.
- Unmarried Child (Under 21 years of age) of U.S. Citizens.
- The parent of a U.S. citizen (if the U.S. citizen is at least 21 years old).
Since there aren’t any restrictions on procuring visas, it is faster. Now, after getting approved, the foreign family member is ready to move forward with adjusting status, if in the U.S., or getting an immigrant visa.
2. Family preference visas
Another category of families under the family-based immigration, yet not belonging to immediate families, are encouraged to apply for family preference visas, which are based on allocation by the U.S. government. These categories have quotas, wait times based on their nationality, among other factors.
The major categories under the family preference visas are:
- F1: Sons or daughters, not married, 21 years or older, U.S. citizens.
- F2A: Spouses, in addition to minor, unmarried children under 21 years of lawful permanent residents.
- F2B: Sons or daughters not married, 21 years of age or older, of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers/Sisters of U.S. citizens, if the U.S. citizen is 21 years old or older.
Every year, there is published in ‘Visa Bulletin from the United States Department of State, in which there is listing regarding which categories there are opportunities for ‘family-based immigrants, in addition to their wait times to apply for their cards.’
The Family-Based Immigration Process
The family-based immigration is a process for relocation on relationship grounds in America. It is a big process, from immigration to getting green cards. Here is an entire process for reference:
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Step 1: Filing Form I-130 (Petition for Alien Relative)
Every process for applying for family-based immigration starts with ‘Form I-130, or ‘Petition for Alien Relative’.
It is to be submitted to the United States Citizenship and Immigration Services (USCIS), either by U.S. citizens or permanent residents, referred to as ‘petitioner’.
Evidence to be submitted by the petitioner:
- Copy of U.S. citizenship, or Green Card holder card.
- Certificate of birth/certificate of marriage for relationship establishment.
- Photos or other documentation for relationship validation for family-based immigration applications.
Now, after being approved, the I-130 reflects the relationship between the petitioner and beneficiary, while the immigration status has not yet been attained.
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Step 2: Waiting for Visa Number (if applicable)
Getting a visa through family-based immigration is likely going to take time. But immediate relations do not have to wait for their visa to be available, knowing that they have been given unlimited visas.
Conversely, for those applying in preference categories, they have to wait for their priority date to be current in relation to the Visa Bulletin.
It depends on whether one’s group is in their preference group or their country of origin. It will take several months to several years, depending on these.
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Step 3: Consular Processing, Family-based Immigration, or Adjustment of Status
After acquiring the visa number, there is again another process based on the geographic location of the beneficiary.
- Adjustment of Status: If, in fact, their loved one is living in the U.S. with a genuine status, then they could apply for their loved one for Adjustment of Status on Form I-485 to obtain their status in a family-based green card.
- Consular Processing Family-based Immigration: If one is referring to their family relations living in another country, there is something called consular processing, which they must process. It entails getting visas, undergoing medical tests, along with an interview either in an embassy or in their consulates back in their countries.
Both ways entail obtaining a family-based green card, in case accepted.
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Step 4: Attending the Interview in the Family-based Immigration Process
For consular processing, in the manner described for adjustment status, there must be an interview. It is to determine whether there indeed is a relationship within the context of a US family-based immigration sponsorship.
Spouses could be interviewed to establish whether their marriage is not for fraudulent purposes. Now, after having completed the process of conducting an interview, it is finally decided by the consular officer/USCIS officer. On getting approved, the applicant then applies for their immigrant visa or card.
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Step 5: Acceptance of the Family-based Green Card
Now, after getting approval, these immigrants must move on to their next goal, which is to apply for their permanent residency card, also known in most cases simply as their family-based ‘green card.’ Their green card will allow these immigrants to move to, as well as work in, America.
Documents you need for family sponsorship immigration
Some necessary papers which could be submitted for filing in family-based immigration are (depending on your situation):
- Copy of documentation concerning U.S. status, such as a passport, certification, or ca opy of a green card.
- Certificate of Birth, Marriages, or Adoption (for relationship purposes).
- Fiscal records, like tax returns or salary records to establish sufficient financial support for the immigrating individual.
- I-864 Affidavit of Support, to prove fulfillment of the minimum income threshold for the petitioner.
- Faces, or identification cards, for the petitioner, beneficiary, and each derivative beneficiary,
It aims to forestall disqualification in the family-based immigration process on grounds of inaccuracy in immigration documents.
US family-based immigration sponsorship/affidavit of support
Among other things, in most family immigration petitions, financial support/sponsorship is one of the most essential considerations.
It is necessary to assume that in such immigration, financially viable support by the petitioner to support immigrants in such a manner that such immigrants in question will not become any type of public charge.
You must submit the proof of sponsorship together with Form I-864. The ‘Affidavit of Support’ is the proof of immigration sponsorship in family immigration.
If the US family-based immigration sponsorship from the petitioner is not sufficient, joint sponsor income support may then be sought.
Issues Faced in Family-Based Immigration
Although it appears to be easy, most candidates normally end up facing some challenges while undergoing these stages. These challenges include:
- Inadequate or erroneous forms.
- Lack of documents to support your case.
- Family status changes (marriages, divorces, deaths in the family, etc.).
- Time to obtain a visa.
- Immigration offenses/convictions: inadmissibility on grounds of immigration offenses or convictions.
It is also crucial to have a competent professional guiding you on whether all necessary information has been included in the family-based immigration process.
Family-based immigration lawyers also help with conducting interviews, responses to requests for evidence, and appeals in case of immigration denial.
Processing Time for Family Immigration Petitions
Processing speeds will differ substantially depending on many factors, such as:
- Type of immigration visa sought (Immediate Relative visa or Family Preference visa).
- The service center is involved in your case.
- Country of origin for the applicant.
- The scope and numbers of applications now.
The immediate family members’ process often takes 12 to 18 months for processing. But for those in preference categories, there could be waits that range from several months to several years for preference categories such as F-3, F-4.
Every now and then, checking on their site at USCIS, together with what is being projected on U.S. Visas, may be all they need to monitor their status.
Aftermath Of Family-Based Immigration
A successful family-based immigration has a lot of benefits for immigrants and their family members. These benefits include:
- Family Reunification in the U.S.
- A way to permanent residency, then U.S. citizenship later.
- Certificate of work authorization in the United States law.
- Chances for education and healthcare.
- You can help other family members immigrate after acquiring their American citizenship.
It demonstrates support for family unity, which remains an element in U.S. policy to date.
How to Prevent Family-based Immigration Processing Delay/Denial
If you wish to proceed with your case uninterrupted, you must follow these rules:
- Make sure accuracy on all papers before you submit.
- English linguistic transliterations for documents in other languages.
- Cost considerations must be included.
- Follow up on any USCIS or Consulate inquiries.
- Maintain your copy after filing each document.
Even small mistakes could result in serious issues like delays.
Role of Lawyers in Family-Based Immigration
It could be difficult to manage immigration in the U.S., especially for those with no prior experience in applying for immigration. Some immigrants choose to apply for immigration individually, while most choose to have someone to accompany them in their immigration process.
Immigration lawyers have all the information regarding immigration, such as family-based immigration needs, document management, immigration visas, and representation to immigration bodies.
If you are thinking about immigrating, you would do yourself a good service to retain an immigration lawyer, who will certainly speed things up for you.
Get help!
Families have also realized that family immigration petition offers one of the most genuine ways to spend time with loved ones while at the same time building their own futures in America.
So, no matter whether you must sponsor your spouse, parent, child, or brother/sister, knowing the process of different types of visas, forms, and processing times will empower you to complete it easily.
With the help of Gehi and Associates, you can be well informed about all you need to know about family sponsorship immigration, consular processing family-based immigration, and other aspects of family-based immigration.
Connect with us today for amazing results in your case!
FAQs
1. What is Family-Based Immigration?
It is what gives U.S. citizens, in addition to those with permanent residency cards, a chance to sponsor their family members to the U.S.
2. What is an Immediate Relative?
Spouses, sons/daughters under 21 years, parents of United States citizens.
3. What is Form I-130?
It is the form used in family-based immigration on which relationships for qualifying families will be based.
4. Is there a waiting list for immediate family members?
No. Visas are always available to them.
5. What is the difference between Adjustment of Status and Consular Processing?
Adjustment of status applications are for processing in the U.S., whereas consular processing applications are for processing in U.S. consulates abroad.
6. Can permanent residents sponsor their married sons/daughters?
No. Only United States citizens are eligible to apply for married children.
7. How many years for family-based immigration?
It can take months for immediate family relations, and years for some preference relations.
8. Do applicants have to provide financial support?
Yes, through Form I-864, which is ‘Affidavit of Support.’
9. Can the U.S. authorities reject my family’s immigration petition?
Yes, if there is no relationship proved, there are no documents, or there is no requirement met.
10. Do family-based immigration lawyers have any role to play?
Yes, there might be some value in having an immigration lawyer concerning document preparation, immigration filing, and processing.
