One of the most common paths for immigration to the United States is through what is called “family immigration,” which accounts for 65% of annual legal immigration. Family immigration involves becoming a lawful permanent resident through a relative who qualifies as a United States citizen or a lawful permanent resident. The goal is to receive an immigrant visa (IV). Our immigration lawyers are here to help you with your family immigration matters.
Here are a few essential things you need to understand about family immigration, whether you’re seeking to immigrate or interested in helping a relative immigrate.
Who Can Apply for Family Immigration?
A spouse, parent, stepparent, child, or stepchild (under the age of 21) of a U.S. citizen or the spouse of a deceased U.S. citizen will fall in the immediate relative category and their relative may file a petition with the U.S. Citizenship and Immigration Services (USCIS). There is no annual limit for entrants in this category.
A spouse, child under 21 or unmarried child over 21 of a U.S. permanent resident may apply for a visa through the permanent resident relative’s petition in the second preference category.
The unmarried child over 21 of a U.S. citizen, married son or daughter of a U.S citizen or brother or sister of a U.S. citizen may apply for a visa through a petition in the third or fourth preference category.
U.S. citizens can file an immigrant visa petition for the following relatives:
Spouse
Son or daughter
Parent
Brother or sister
U.S. permanent residents can only petition for:
Spouse
Unmarried son or daughter
Neither U.S. citizens nor permanent residents may sponsor family members not listed above, such as aunts, uncles, cousins, grandparents, or in-laws.
Application Process
For an application through any of the above lawful means, the United States citizen or lawful permanent resident must file an “I-130 Petition” for Alien Relative with the Bureau of U.S. Citizenship & Immigration Services (USCIS). Along with this form must be proof of the petitioner’s immigration status, as well as any proof of the relationship between the person petitioning and the person immigrating. Petitioners must also be able to demonstrate that they are able to support their relative at 125% above the United States poverty line. If petitioners cannot demonstrate this financial ability, then their assets will be considered or they can bring on a joint sponsor.
Immigrant candidates are then put through extensive security checks, including national security, health screenings, and criminal background check. In addition, the USCIS is particular about ensuring candidates will not become reliant on public assistance. Our immigration lawyers can help you get started with the process.
What Happens After Approval?
Once approved, the matter proceeds to the National Visa Center (NVC). If the petition falls under the first category above, a visa number will always be available. If, however, the petition regards one of the other categories, the law limits how many visas numbers are available each year. In other words, even if the petition is approved, a visa may not be issued immediately. There is also a limit on how many visas are available in those categories per country. In these limited categories, the availability of visa numbers essentially depends on the date the petition was filed.
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