USEFUL TIPS TO BE SUCCESSFUL IN A FAMILY-BASED IMMIGRATION PROCESS IN THE UNITED STATES

Introduction

Family-based immigration is considered crucial for bringing family members together and strengthening communities through their integration into society. The United States family-based immigration system is often considered complex and too difficult to grasp. Being well-informed about common pitfalls and how to avoid them would increase the probability of success tremendously.

For many from different parts of the world, family-based immigration is about getting reunited with close family members living in the United States and trying to live a more decent life. Getting to know more about the complicated US immigration system is this key route to getting a “green card,” but it is pretty rewarding. With an understanding of the different elements involved in family-based immigration, applicants will be in a better place to avoid delay and succeed in this critical journey. These elements include preference categories and processes.

Immigration law can be complex to navigate, but with proper guidance and preparation, your family can achieve its immigration-related goals.

This post provides a concise guide on different categories of family-based immigration, explaining the sponsorship process and who a petitioner is under such an application. We also noted any annual limits that may be set and corresponding wait times. It is crucial to hire an experienced immigration attorney that specialize in immigration matters to successfully maneuver the waters of family-based immigration.

Getting to know family-based immigration categories

Family-based immigration visas fall into two main types: immediate relatives and family preference. Each type has its own eligibility rules, limits on how many visas are available, and wait times.

   1. Immediate relatives

This category is for the closest family members of US citizens, and there are no limits on the number of visas. Immediate relatives include:

• Spouses of US citizens.
• Unmarried kids under 21 are US citizens.
• Parents of US citizens (if the citizen is at least 21).

  2. Family preference

This category is for more distant relatives and has yearly limits, which can lead to long wait times. Family preference visas are broken down into four groups:

• F1: Unmarried kids of US citizens and their minor children.
• F2: Spouses, minor kids, and unmarried adult kids (over 21) of green card holders.
• F3: Married kids of US citizens, their spouses, and their minor kids
• F4: Siblings of US citizens (if the citizen is at least 21), their spouses, and their minor kids.

The sponsorship and application process

To kick off the family-based immigration process, a US citizen or lawful permanent resident (LPR) needs to sponsor their foreign relative by filling out a Petition for Alien Relative (Form I-130) with US Citizenship and Immigration Services (USCIS).

Here is a quick rundown of the petition process:

1. Check sponsorship eligibility: The sponsor has to be a US citizen or LPR, at least 18 years old, and have a qualifying relationship with a foreign relative.
2. Collect supporting documents: The sponsor needs to provide proof of their US citizenship or LPR status and their relationship with the foreign relative, like birth certificates, marriage licenses, or adoption papers.
3. Submit the petition: The sponsor sends Form I-130, along with the supporting documents and any fees, to USCIS.

Once the I-130 petition gets approved, the foreign relative can apply for an immigrant visa or, if they are already in the US, switch their status to that of a permanent resident.

How many family preferences can be granted, and how long is the waiting time?

Family preference visas have annual limits. Because a lot of people want these visas, there can be long wait times before one becomes available. The US Department of State puts out a monthly visa bulletin that gives updates on visa availability and shows the “priority date” – which is when the I-130 petition was filed – for those currently eligible for a visa in each category.

It is important to keep an eye on the visa bulletin and be ready to apply for an immigrant visa or change your status as soon as your priority date is current.

Resolving some crucial issues in family-based immigration

• Knowing your eligibility

Understanding eligibility rules perhaps can be one of the most complicated things to do in the aspect of family-based immigration. Family member relationships, which one will be able to sponsor in the US, have been discussed earlier.

Spend some time going over the eligibility criteria for each category. Selecting the appropriate category is very important due to delays or denials. Discussion with an experienced immigration attorney can help in bringing clarity and assurance that the right direction has been taken.

• Establishing your family relationship

The first barrier is normally proving that the relationship of a family exists. This must be done as defined under the rules that USCIS uses. This typically will be piles upon piles of evidence. These proofs include birth and marriage certificates; identification that shows your relation continuously existed through papers.

Get all your documents in order before you start applying. If you are unable to get some documents, you may use secondary evidence, such as letters from people who can attest to your relationship. Maintaining consistent and specific evidence will make this part easier.

• Long waiting lists

Family preference categories often take a long time because the number of visas issued in a year is capped. These wait times can be very stressful for families seeking reunification and can also pose financial burdens.

Keep up-to-date with the visa bulletin offered by the Department of State regarding when your visa is current. In having a prepared application, you will be in a position to immediately file once your priority date becomes current. You may even want to consider temporary visa options to help while you wait.

• Inadmissibility issues

Inadmissibility is one of the most common barriers in family-based immigration. This can be due to criminal records, prior immigration issues, health concerns, or financial problems.

Find any possible inadmissibility issues as early as possible. You may have a waiver or other legal remedy, depending on your situation. You may find a joint sponsor who has enough income to make up any shortfall. In some cases, issues will be addressed with medical treatment and proper documentation of health issues.

• How to approach the interview process

The interview is a big step where you actually have to prove that your relationship is real, and you may be asked for additional proof. That can be pretty nerve-wracking. This is especially true if you are new to this process.

The best thing you can do in preparing for this interview is to go back to your application and do some practice questions. Having all your documents in order and complete really helps make the case. Understanding the cultural and procedural eccentricities of the interview process can make quite a difference. A seasoned immigration attorney can guide you on this.

Get help!

Immigration law can be really tricky, and a single mistake might mess up your family’s chance for success. That is why it is a good idea to get help from a skilled immigration lawyer. They can walk you through the legal stuff, prep you for interviews, and help you tackle any bumps in the road.

At Gehi and Associates, we have spent many years helping families like yours with immigration issues. We get how important it is to bring families together, and we work hard to help our clients reach their immigration goals.

If you want to know more or set up a meeting, just reach out to us. We are here to help you every step of the way!