At Green Evans-Schroeder, we deeply understand the intricate challenges that come with family immigration. Our team of experienced attorneys is here to guide you through the process with compassion and authority.
Family-Sponsored Visas
The most common route for bringing family members to the U.S. is through family-sponsored visas. These visas allow U.S. citizens and lawful permanent residents (green card holders) to petition for certain relatives to join them in the country. However, eligibility and processing times vary based on the relationship:
- Immediate Relatives of U.S. Citizens
Immediate relatives include spouses, unmarried children under 21, and parents. This category is prioritized, with no annual limits on the number of visas issued.
- Family Preference Categories
Other family members, such as adult children, siblings, or relatives of green card holders, fall into "preference" categories. These visas are subject to annual caps, often leading to lengthy wait times depending on the country of origin and demand.
The process begins with filing Form I-130, Petition for Alien Relative, accompanied by proof of the relationship and evidence of the petitioner's ability to financially support the relative.
Employment-Based and Other Options
While family-sponsored visas are the primary option for most, some families may explore alternative routes:
- Derivative Status in Employment-Based Immigration
If you're immigrating to the U.S. through a work visa or employment-based green card, your spouse and unmarried children under 21 may qualify for derivative visas. For instance, H-1B visa holders can obtain H-4 visas for their family members.
Families of investors applying through the EB-5 visa can also immigrate together, provided the investment criteria are met.
Though not a direct pathway for family sponsorship, these options allow family members to accompany or reunite with a principal applicant.
Humanitarian Programs
For families facing extraordinary circumstances, the United States offers humanitarian pathways that may reunite loved ones:
Refugees and asylees can petition for their spouse and children to join them under the Refugee/Asylee Relative Petition (Form I-730).
This permits temporary entry to the U.S. for urgent humanitarian reasons, though it is generally discretionary.
- Violence Against Women Act (VAWA)
Certain abused family members of U.S. citizens or green card holders can self-petition without relying on their abuser.
Challenges to Consider
It's crucial to understand potential obstacles when pursuing family immigration, including:
For preference categories, visa availability is limited and depends on numerical quotas. Families from countries like Mexico or the Philippines often face significant delays.
Sponsors are required to demonstrate their financial ability to support their relatives, typically by meeting the income requirements specified in the Affidavit of Support.
Navigating through petitions, documentation, and applications can be overwhelming, especially if immigration status issues or inadmissibility bars arise.
Partner with a Trusted Advocate
Bringing your family to the U.S. is an emotional and legal commitment that demands careful planning and precision. At Green Evans-Schroeder, we provide comprehensive support for every step of this process, from filing petitions to resolving complex legal hurdles. We are dedicated to helping you fulfill your dream of reuniting with your loved ones. Contact us today for compassionate, results-driven assistance tailored to your family's needs.
