USA family-based immigration can be a very intimidating process whether you are immigrating to the U.S. through a sponsor or you are the sponsor. The family-based immigration wait time can be quite long, and there are many eligibility requirements you have to meet to even be considered. There are also several mistakes that you could make along the way, which could slow the process down and even result in your application being denied. Here is everything you need to know about USA family-based immigration and how the family-based immigration system works.
Family-Based Immigration Process: What to Expect
Family-based immigration is one of the most common types of immigration in the United States, allowing direct relatives of those already legally residing in the U.S. to get a green card. If you are sponsoring an immigrant loved one, you will be responsible for taking the first step, which is to submit form I-130, which is a petition for alien relative. If this petition is approved, you will need to wait for a visa number to become available before your loved one can apply for a green card.
Keep in mind that USA Family-based immigration will look different depending on where your family member is living at the time of the petition. For family members in the United States, they will need to go through adjustment of status, whereas if they are living outside of the U.S., they need to go through consular processing.
Eligibility Requirements
Before you start the process of U.S. immigration for a family-based visa, you need to make sure you, as the sponsor, meet the eligibility requirements. To qualify as a sponsor for an immigrant family member, you have to be at least 18 years old, reside in the United States, have the finances to support them, and be a U.S. citizen or lawful permanent resident. If you do not meet all of these requirements, you may be eligible to have a joint sponsor.
There are also certain documents you need to provide when filing form I-130 to prove that you, as the sponsor and the petitioner, are eligible for family-based immigration to the USA. Here are the required documents that are usually required:
- Proof of U.S. citizenship or lawful permanent residency.
- Prove that the relationship is valid.
- Proof of any name changes.
- Proof of nationality of the petitioner.
In order to prove that the relationship is valid and meets the eligibility requirements, you need to include documents such as passport-style photos, birth certificates, marriage certificates, adoption certificates, correspondence, proof of name changes, etc.
If you do not have some of the required documents, you will need to locate alternative documents to take their place. Otherwise, you risk having the USCIS request additional evidence. Request for evidence can significantly slow down the progress of your petition, and not providing the required documentation may even result in your petition being denied.
An immigration attorney can help ensure you provide all of the documentation required for a petition for alien relative, as well as help you track down alternative documents if necessary. They can also help you avoid common family-based immigration mistakes, such as document discrepancies, inaccurate information, and other errors that could cause long delays.
Family-Based Immigration Categories
One part of the family-based immigration process that can be very confusing is understanding the different types of family-based immigration visas. The type of visa your family member qualifies for will depend on the family-based immigration category they fall into, with the two options being the immediate relative category or the family preference category.
The easiest category that has the highest success rate is the immediate relative category which is reserved for close family relationships, such as with a spouse, child, or parent. This category does not have a limit for each fiscal year, which is why the success rate is so high.
On the other hand, a family preference category caters to more distant family relationships and is a bit more challenging to get since the amount of visas is limited. Here are some examples of the different types of family preference categories your family member may qualify for:
- First preference: Unmarried daughters and sons 21 or older of U.S. citizens.
- Second preference A: Spouses and children who are unmarried and under the age of 21 of a lawful permanent resident.
- Second preference B: Unmarried daughters and sons 21 or older of a lawful permanent resident.
- Third preference: Married daughters and sons of U.S. citizens.
- Fourth preference: Brothers and sisters of U.S. citizens who are 21 or older.
More documentation may be needed to provide proof of a valid relationship for family preference categories since the relationship is more distant.
How Long Does Family-Based Immigration Take?
Immigration based on family relationships is the best option if you want to bring immigrant family members to the United States to receive a green card. However, this is not a quick process as you need to wait for your petition to be approved, for a visa to become available, and for the green card process to be completed.
The wait time for approval of form I-130 typically takes anywhere between 10 to 14 months for immediate relatives and can take up to a few years for other family preference categories. Keep in mind that there is no standard processing time as it changes from year to year and is very dependent on each individual situation. This general timeline also does not include the other steps of family-based immigration, such as waiting for a visa number to become available and completing the green card application process.
The good news is that you should be able to track your progress online so that you are regularly updated. This will also allow you to get alerts if there is an issue with your petition so that you can address them as soon as possible.
Hire an Immigration Attorney Today
Do you want to apply for a family-based visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
