Family immigration refers to a type of immigration permitted under U.S. immigration laws that allows U.S. citizens and lawful permanent residents (Green Card holders) to petition their foreign relatives to immigrate to the U.S. The aim is to unite families and allow them to live together in the U.S.
There are specific categories of relatives that a U.S. citizen or a lawful permanent resident can petition for, and the process varies depending on the relationship.
The United States employs a quota system for family immigration, meaning that there are a limited number of visas available each year for certain family relationships. The immediate relatives of U.S. citizens – which includes spouses, unmarried children under 21, and parents of U.S. citizen petitioners 21 and older – are not subject to any numerical limit.
However, other family members fall into what are called “preference categories,” and these are subject to annual visa quotas.
Scenario: Laura, a U.S. citizen, wants to bring her 23-year-old unmarried son, who lives in Brazil, to live with her in the U.S. As an unmarried son of a U.S. citizen, he falls under the F1 category. Laura files an I-130 Petition for Alien Relative on his behalf, and they wait for a visa number to become available.
Scenario: Jose, who has permanent residency in the U.S., originally from Mexico, wishes to bring his wife and 10-year-old daughter to live with him. As a Green Card holder, he can petition for his wife and minor child under the F2A category.
Scenario: Ling, a lawful permanent resident from China, wants her 25-year-old unmarried daughter, who still lives in China, to come to the U.S. She can file an I-130 Petition for her under the F2B category.
Scenario: Karen, a U.S. citizen, wishes to bring her married son, his spouse, and their children who currently live in the Philippines to the U.S. Karen can petition for her married son and his family under the F3 category.
Scenario: Mark, a U.S. citizen, wants to bring his sister, who lives in Kenya, to the U.S. Mark can file a petition on behalf of his sister under the F4 category.
The wait time for these categories can vary widely, from a few months to many years, depending on the category and the immigrant’s home country.
An accompanying visa is issued to the immediate family members (spouse and children under 21) of an individual who is granted an immigrant or nonimmigrant visa. This visa allows the family members to accompany or follow-to-join the primary individual in the U.S. For family immigration purposes, if the primary beneficiary of a family preference petition obtains a visa, their spouse and minor children may also be eligible for visas to accompany them.
For instance, let’s take the example of a worker approved for an employment-based immigrant visa. The primary beneficiary, or the worker, in this case, is the individual who has directly applied for immigration. The immediate family members of the beneficiary, namely the spouse and unmarried children under the age of 21, are considered derivatives. They are eligible to apply for accompanying visas to enter and live in the United States with the primary beneficiary.
Here is a more detailed look at the process:
The process begins with the approval of the primary beneficiary’s visa petition. In the employment-based scenario, this would likely be an I-140, Immigrant Petition for Alien Workers. The approval of this petition confirms that the primary beneficiary is eligible for an immigrant visa based on employment.
When the U.S. Citizenship and Immigration Services (USCIS) approves the I-140 petition, they will send an official notice of approval to the petitioner or their legal representative. The notice is typically issued in the form of a document known as Form I-797, Notice of Action.
The Form I-797 approval notice will provide important information about the approved petition, such as the receipt number, petitioner and beneficiary information, and the classification under which the petition was approved. It will also indicate the next steps in the immigration process and any additional documentation required.
The petitioner or their legal representative should receive the Form I-797 by mail. It is crucial to keep the original approval notice safe as it will be required for various stages of the immigration process, such as filing for adjustment of status or consular processing.
If you are the primary beneficiary and have not received any notification regarding the approval of your petition, you can check the status of your case online using the USCIS Case Status Search tool. This tool allows you to enter your receipt number to track the progress of your petition.
Additionally, if you have an attorney or legal representative handling your case, they should inform you promptly about the approval and provide you with a copy of the Form I-797 notice.
Once the primary petition is approved, derivative beneficiaries can apply for their visas. They must provide proof of their relationship to the primary beneficiary. This typically includes marriage certificates for spouses and birth certificates for children.
Once the application is reviewed and preliminarily approved, derivative beneficiaries will be scheduled for a visa interview at a U.S. embassy or consulate. They must bring all required documentation to the interview. If everything is in order, the accompanying visas will be approved.
With an approved visa, derivative beneficiaries can accompany the primary beneficiary to the United States or follow-to-join them later.
It is important to note that the status of derivative beneficiaries is tied to that of the primary beneficiary. This means that if the primary beneficiary’s status changes (for example, if they lose their job or get a divorce), it can affect the derivative beneficiaries’ status as well.
This process can be complex, and the stakes are high, so it is often beneficial to work with an experienced immigration attorney. They can help you navigate the process, ensure you meet all requirements, and avoid any potential pitfalls. If you need assistance with your immigration process, consider connecting with a qualified attorney through LegalMatch. LegalMatch can match you with an immigration lawyer who is well-suited to assist with your particular needs.
The U.S. immigration process can be complex and time-consuming. Given the high stakes of family immigration, it can be beneficial to have legal assistance to guide you through the process. An experienced immigration lawyer can help ensure you meet all requirements, submit necessary documents on time, and are prepared for any interviews or hearings. They can also advise you on the best strategy for your particular circumstances to maximize your chances of success.
If you are looking to petition for a family member to join you in the U.S., consider seeking legal advice through LegalMatch. LegalMatch can connect you with a highly experienced immigration lawyer who can guide you through the intricacies of family immigration, ensuring your case has the best chance of success. Don’t navigate the complex world of immigration alone – get the right help through LegalMatch today.
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