Family immigrant laws cover situations where a person wishes to assist a relative in relocating permanently from another country to the United States. Family immigration is a common way for foreign nationals to obtain a lawful permanent resident status or U.S. citizenship.
What usually happens is a U.S. citizen or lawful permanent resident petitions their relative to travel to the U.S. under a family-based visa. Petitions for family-based visas are complex and can take a long time, depending on the waiting times for such visas.
Family immigrant laws may also cover accompanying visas, which allow a foreign national to travel to the U.S. with a family member who has been granted a valid visa. Accompanying visas are usually handed out in the case of work visas; however, accompanying visas are usually temporary in nature.
What is a Family-Based Visa?
Family-based-visas allow a U.S. citizen to petition a request to have their foreign relative relocate to the U.S. The way this works is that the U.S. citizen files a petition based on the foreign relative’s relation to them. There are categories of family immigration based on either “immediate relatives” or “family preferences.”
Immediate relatives usually include spouses and unmarried children. The family preference categories are divided into 5 more categories and include relations such as married children, fiancés, and more distantly-related persons.
Family-based visas are issued according to a yearly limit called a “quota.” For instance, for the family preference 1st category, the quota is a maximum of 23,400 visas issued per year. Each category has a different quota. Immediate relative visas generally are not subject to quotas.
Can I Help a Relative Obtain a Family Immigrant Status?
A person can usually begin the process by filing a petition request through U.S. Immigration Services. Filing a petition through U.S. Immigration Services will require many different forms, documents, and some fees. The relative being petitioned will need to submit various documents such as a photo ID, a valid passport, a record of previous residences, and results from a physical exam. Various interviews and meetings with immigration authorities may also be required.
There may be other, non-standard routes to assist with legal immigration status for family members. For instance, a family member who has overstayed a previous visa may become eligible for re-entry after some time if they agree to voluntary departure. The form for this is a Form I-212, “Application for permission to reapply for admission into the United States after Deportation or Removal.” The person who is a U.S. citizen or permanent resident may be called upon in the future to testify on behalf of the relative in front of an immigration board.
What Are Family-Based Immigration Applications?
United States citizens and permanent residents can assist their qualifying foreign relatives in petitioning for citizenship and permanent residency in the United States.
For a foreign relative to become a lawful U.S. permanent resident, the following general criteria must be met:
- The foreign national applying for a visa or green card must have a relative who is either a U.S. citizen or a lawful permanent resident of the United States. The applicant’s relative must be able to show documentation of their status as a U.S. citizen or permanent resident, as well as proof of their relationship to the applicant
- The applicant’s relative must prove their financial income is 125% above the poverty line for their entire family, including the applicant.
- If the relative does not meet this financial criterion, they can become a joint sponsor with another relative, or the applicant’s assets can be taken into account
- If the applicant’s relative is a U.S. citizen, they must prove that the applicant is their:
- Child under the age of 21 years
- Spouse
- Unmarried son or daughter over 21 years old
- Married son or daughter of any age
- Brother or sister of U.S. citizen (if the sponsoring relative is at least 21 years old)
- Parent of U.S. citizen (if the sponsoring relative is at least 21 years old)
- If the applicant’s sponsoring relative is a U.S. permanent resident, they must prove that the applicant is their:
- Husband or wife
- Unmarried son or daughter of any age
If both the applicant and their relative meet these criteria, the petitioning process can begin.
What Are the Immigration Options for Immediate Relatives of U.S. Citizens?
“Immediate Relatives” are the parents, spouses, and children who are unmarried and under 21 years of age of a U.S. citizen.
Immediate relatives of a U.S. citizen are able to immigrate to the United States despite any numerical restrictions, unlike other close family members of U.S. citizens or permanent residents.
What Are the Family Preference Categories?
Other family members of U.S. citizens or permanent residents are divided into preference categories. Each preference category is provided only a limited number of immigrants per year to be allowed admission into the United States.
Relatives in these categories must wait for an immigrant visa number to become available according to the following preferences:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 years of age or older)
- Second Preference: Spouses of legal permanent residents, and the unmarried sons and daughters regardless of the age of legal permanent residents and their children.
- Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
- Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children
Do I Need a Lawyer for Help With Family Immigrant Laws?
Assisting a family member with immigration can be a difficult task. You may wish to hire an experienced immigration law attorney for help with family immigrant laws. Your attorney can provide you with valuable legal advice as you play your part in the process. Also, a qualified lawyer can help represent you if you need to make an appearance or attend a meeting in an immigration court.
The U.S. immigration process is not simple. The immigration process may take many years to complete.
Even with the complicated immigration process, the U.S. is still a welcoming nation for immigrants. The American Immigration Council reports that about 10% of the people living in Indiana are either immigrants or the children of immigrants.
An immigration law attorney will understand how important it is to bring your loved ones to the United States as quickly and efficiently as possible. Use LegalMatch to hire an immigration law attorney who has helped many families bring their loved ones to the United States
An immigration attorney will have the knowledge and experience to provide high quality legal representation to clients. Some immigration attorneys have gone through the immigration process themselves and know firsthand how important their services are to clients.
Use LegalMatch to hire an immigration law attorney who will work relentlessly to reunite your family as quickly as possible.
If you are in need of an experienced and knowledgeable immigration attorney, use LegalMatch today to schedule an initial consultation with a lawyer near you. Our services are entirely confidential. Use LegalMatch for your immigration needs today.
