FAMILY-BASED IMMIGRATION IN THE U.S.: STEP-BY-STEP GUIDE

Family is comfort and security, these are only a few of the feelings that make us associate the word “family” with such special importance. 

The wish to be near one’s family members is a deeply human trait that both children and adults share. 

That is exactly why family-based immigration happens to be one of the most popular ways of immigration to the U.S. through family ties. 

The first step is often the hardest. Among the risks that you may encounter are paperwork, deadlines, legal requirements. 

Proper supervision will provide you with a more straightforward way to handle the immigration process. 

This post provides detailed instructions, together with a summary of the main points of each step. 

Family-Based Immigration Explained 

Family-Based Immigration, briefly, sets up a channel through which U.S. citizens as well as permanent residence holders can sponsor their close family members who also want to live and work in the United States as immigrants. 

Actually, these relatives are granted immigrant visas and permanent resident status. 

The very reason for this immigration system is to bring family members together. 

However, there are many factors such as sponsor’s immigration status, type of family composition, etc. that determine who can be sponsored and under what conditions. 

Who Can Sponsor a Family Member? 

Its scope is rather restricted. In fact, the list of the persons that are allowed to do this is very short. 

US Citizens have the right to sponsor: 

• Their spouses. 

• Their children. 

• Their parents. 

• Their siblings. 

Green card holders can sponsor only: 

• Their spouses. 

• Their unmarried children. 

Thus, U.S. citizens are in the driver’s seat when it comes to sponsorship: green card holders, on the other hand, have very limited options. 

The Categories for Family-Based Immigration 

The more you know, the more you can plan. 

Whether you are eligible is one of many factors considered by these categories for immigration purposes. They can even affect the time it will take for your case to be processed. 

Immediate Family Members 

Immediate family members can relax, as they are not subjected to the annual limit of visas. They include: 

• Spouses of U.S. citizens. 

• Unmarried children under the age of 21 years. 

• Parents of U.S. citizens. 

In the event that a quota is not available, this group may even get priority in terms of processing speed. 

Family Preference Categories 

These categories constitute the non-immediate family members who have to deal with annual visa restrictions. 

In particular, they include: 

• F1: Unmarried adult children of U.S. citizens. 

• F2A/F2B: Spouses and children of lawfully admitted permanent residents. 

• F3: Married children of U.S. citizens. 

• F4: Siblings of U.S. citizen. 

Some of these categories are known for having tremendous waiting times. 

Step 1: Filing the Immigrant Petition Using Form I-130 

You must first get the immigrant process underway with this step. 

It is the sponsor of the immigrant who decides to start the process by sending the petition along with proof of family relationship to the USCIS. 

You must provide: 

• If you are the sponsor, you must produce a document showing that you are a U.S. citizen or resident. 

• Proof of family relationship (e.g. marriage or birth certificates). 

• Supporting documents. 

You can’t get too careful with this step. If an error is made, not only will your case be delayed but the worst-case scenario is that your petition would be denied. 

Hence, most families opt for lawyer’s services at this stage. 

Step 2: USCIS Examines Your Petition 

Once you have submitted your form, it will be sent to USCIS for their officers to check it thoroughly. 

Processing time varies greatly. You may get your results within a month or two. Longer periods become the norm as the days go by. 

If additional documentation is required, you will receive a Request for Evidence (RFE). Failure to provide a prompt, complete, and accurate response may result in the petition being denied. 

Don’t forget that you only get a visa granted after the petition is approved but also the visa must be available. 

Step 3: Held Up for a Visa Number 

This is determined by what your visa preference is. Immediate relatives get their visas right away and therefore they do not have to wait for a visa number. 

However, if you are in one of the further preference categories, you will be put on the waiting list. 

Alongside that, the Department of State issues the Visa Bulletin indicating the availability of visas. Your priority date is your ticket number. 

This makes the ability to keep calm and wait, the most challenging virtue in Family-Based Immigration. 

Step 4: Consular Processing or Application for Adjustment of Status 

For those outside the U.S., they will have to go through Consular Processing. Visa interview in consular or embassy is the final phase in this process. 

In cases where the immigrant is already in the U.S., then it will more appropriate to file for Adjustment of Status. 

Here, the Form I-485 can be filed to change one’s status to become a U.S. permanent resident without the need to leave the U.S. 

You should weigh the pros and cons of both before deciding. 

Step 5: Gathering and Sending Documents 

Without documentation, no progress in family-based immigration can be made. 

Generally, one should bring: 

• civil documents. 

• police records. 

• medical examination results. 

• financial support forms. 

The sponsor is one who gives Form I-864 (Affidavit of Support) alongside the file. This is the one which officially says the sponsor agrees to financially support the immigrant. 

Messing around with paperwork readiness is definitely a cause for delay. Therefore, you must be at your best, prepared, well-organized and detailed. 

Step 6: Immigration Interview 

This immigration interview can be the most significant hurdle in a process that is oftentimes riddled with such. 

During the interview, the USCIS or consular officer may ask you a multitude of questions. 

One of their main techniques to verify whether the relationship really exists and if all the other information that has been given is truthful is through conducting an interview. 

Questions they might ask are: 

• Where did you first meet and at what time? 

• When and where did you get married? 

• How do you keep in touch with each other? 

It is advised to be truthful. 

Any discrepancies in answers will raise suspicions among the officials. By being informed and knowing what interview is like, you will have an advantage. 

Overall, the ones who know this process thoroughly often find themselves more at ease. 

Step 7: The Decision 

The official hands you the decision immediately after the interview. 

You may be given: 

• Approval. 

• Denial. 

• Request further information. 

You may get visa or a green card in addition to being approved. In case of denial, it is not over yet for you. Appeals and refiling of cases are typical ways to resolve such problems. 

Family-Based Immigration Problems 

Things may initially seem quite nice and at the same time smooth, but in reality, many unexpected troubles during immigration keep people moving forward. 

There are many instances even today when people end up waiting for a long time. Obsolete systems especially at various stages cause the longest waiting periods. 

One of the top reasons why a case gets stuck is the submission of incorrect paperwork. 

Sometimes, a very simple mistake will grow into a significant problem requiring expert intervention. 

Besides this, the fact that the verification of the authenticity of the relationship is very often hardly possible. 

Specifically, this is the main issue for couples who have filed based on the marriage. 

Good preparation, on the other hand, dramatically improves chances of a favorable outcome. 

How Fast Can Family-Based Immigration Be? 

Depending on the case, processing times are very different. It can happen that immediate relatives get a green card in a matter of a year or less. 

The ones from preference category may take so long that their processing time is measured in years. 

Factors affecting timing are: availability, complexity, and federal government speed. 

However, those delays that make most people seriously want to give up tend to be the times when they need to remind themselves most that patience is a virtue. 

Family-Based Immigration Suggestions for a Smooth Process 

You should be ready and consistent at every phase, no matter which type you have decided on. 

Initially, organizing documents is a must-have skill. Next, take extra measures not to make any errors while filling out the forms. 

Subsequently, make sure that you reply promptly to the government queries. 

Finally, make sure that you keep copies of all the documents that you have handed over to the authorities. 

What is even more important is to monitor the progress of your case. 

This simple chain of events has actually been proven not only to reduce stress but also to increase productivity. 

The Importance of a Lawyer 

To start with, understanding immigration law is not a piece of cake. By the way, it is natural that immigration laws and regulations change from time to time. 

One who is a leading expert in immigration law is a person who has through his experience and a string of successful cases been able to provide you: 

• Making fewer or perhaps avoiding errors. 

• Knowing what legal avenues you have. 

• Developing the most competitive applications possible. 

The choice of whether to hire a lawyer is entirely yours; however, a lawyer is a brilliant idea for a smoother and less stressful case experience. 

Emotional Effects of Family-Based Immigration 

Besides the paperwork, immigration process has emotional toll on the people who go through the process.  

Generally, families experience stress, worry, and anxiety. Their frustration increases with the long wait time. Their need to be reunited only intensifies. Family reunion is the sweet ending to the journey. 

Get help! 

Most importantly, you never have to travel the journey alone. Each case is unique. 

That is why it is always a good thing to seek professional advice in any kind of Family-Based Immigration. Connect with a knowledgeable immigration lawyer at Gehi and Associates; we really understands this area of law. 

Aside from your being knowledgeable about how to avoid unnecessary delays, you will also have better knowledge of all possible options and alternatives for your particular case. 

The moment will not last until your family will be with you again. Make family reunion just a call or message away after all. 

Connect with us today! 

 

Frequently Asked Questions (FAQs): 

What is Family-Based Immigration? 

Family-Based Immigration allows U.S. citizens and green card holders to file petitions for their family members to gain permanent resident status. 

What is meant by immediate relative? 

This is a special category comprising spouses as well as unmarried children under the age of 21 years and parents of US citizens. 

How long does Family-Based Immigration take?  

Immigration processing times fluctuate greatly with immediate relatives usually experiencing much shorter times whereas preference category cases can last up to several years. 

Why is Form I-130 necessary? 

The form I-130 is the first step to establishing the legitimacy of the family relationship between the petitioner and the beneficiary. 

Can green card holders sponsor their parents? 

No; only U.S. citizens have the privilege to sponsor their parents. 

What do you understand by Visa Bulletin? 

Issued on a monthly basis, the Visa Bulletin publishes updates about visa availability and changes to priority dates. 

What sort of questions is usually asked during an immigration interview?  

The questions at this stage is usually for the officer trying to figure out if the marriage relationship or other immigration requirements are valid. 

What does Affidavit of Support include? 

This document is the sponsor’s pledge that they will primarily support the immigrant financially during the immigration process. 

Can I stay in the U.S. while my immigration is being processed?  

Yes, but only if you qualify for adjustment of status 

What happens if my immigration is denied? 

If you want you can appeal, submit a new application, or explore other immigration options that are available to you.