Family-Based Immigration Process: Bringing Loved Ones to the U.S.

Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to sponsor their eligible family members for permanent residency in the United States. This process aims to reunite families and strengthen family ties by providing a legal pathway for relatives to join their sponsors in the U.S.

Qualifications for Family-Based Immigration:

Family-based immigration is divided into two main categories: Immediate Relatives and Family Preference categories.

1. Immediate Relatives: These visas are available to close family members of U.S. citizens and are not subject to annual numerical limits.

• Spouses of U.S. Citizens

• Unmarried Children Under 21 of U.S. Citizens

• Parents of U.S. Citizens (if the U.S. citizen is at least 21 years old)
  

2. Family Preference Categories: These visas are available to certain more distant family relationships with U.S. citizens and some specified relationships with lawful permanent residents. These categories are subject to annual numerical limits.

• F1: Unmarried sons and daughters (21 years and older) of U.S. citizens.

• F2A: Spouses and unmarried children (under 21) of lawful permanent residents.

• F2B: Unmarried sons and daughters (21 years and older) of lawful permanent residents.

• F3: Married sons and daughters of U.S. citizens.

• F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is at least 21 years old).
  

The Family-Based Immigration Process:

1. Filing the Petition:

• The U.S. citizen or lawful permanent resident sponsor files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).

• The form must include evidence of the qualifying family relationship, such as birth certificates, marriage certificates, and proof of the sponsor's U.S. citizenship or permanent resident status.

1. Petition Approval:

• Once USCIS approves the Form I-130, the petition is sent to the National Visa Center (NVC) for processing.

• For Immediate Relatives, the NVC will begin processing immediately. For Family Preference categories, the petition is placed in line based on the priority date (the date the petition was filed).

1. Visa Availability and Application:

• When a visa becomes available, the NVC will notify the sponsor and the beneficiary (the family member being sponsored).

• The beneficiary must complete Form DS-260, Immigrant Visa and Alien Registration Application, and submit the required civil documents and fees to the NVC.

1. Affidavit of Support:

• The sponsor must submit Form I-864, Affidavit of Support, to demonstrate that they have sufficient financial resources to support the beneficiary and prevent them from becoming a public charge.

1. Consular Processing or Adjustment of Status:

• If the beneficiary is outside the U.S., they will attend a visa interview at a U.S. consulate or embassy in their home country (consular processing).

• If the beneficiary is already in the U.S. and eligible, they can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

1. Medical Examination and Interview:

• The beneficiary must undergo a medical examination by an authorized physician.

• During the interview, a consular officer or USCIS officer will verify the information provided and assess the relationship and eligibility.

1. Visa Issuance and Entry to the U.S.:

• If approved, the beneficiary will receive an immigrant visa, allowing them to travel to the United States.

• Upon entry to the U.S., they will be admitted as a lawful permanent resident and will receive their green card by mail.
  

Benefits of Family-Based Immigration:

• Family Reunification: Reunite with loved ones and build a life together in the U.S.

• Permanent Residency: Beneficiaries receive a green card, granting them lawful permanent resident status.

• Pathway to Citizenship: Green card holders can eventually apply for U.S. citizenship through naturalization.

• Access to Benefits: Permanent residents can work, attend school, and access healthcare and other benefits in the U.S.
  

Navigating the family-based immigration process can be complex, but with the right guidance, you can successfully bring your family members to the United States. Our firm is dedicated to helping you through each step, ensuring a smooth and efficient process to reunite you with your loved ones.