Typically, you will need proof of the sponsorโs status (e.g., U.S. citizenship or permanent residency), proof of the family relationship, and financial support evidence.
Family-based immigration allows foreign nationals to become permanent residents of the United States if they have a qualifying relative to sponsor them.
There are two groups of family-based immigrant visa categories: immediate relative immigrant visas and family preference immigrant visas. Both categories require an eligible U.S. citizen (and, in rare cases, a permanent resident) to submit an immigrant petition to the U.S. Citizenship and Immigration Services that demonstrates the eligible family relationship. This petition must be approved before permanent residence can be secured.
Immediate relative immigrant visas are based on a family relationship with a U.S. citizen, and include the following:
There are no limitations on the number of immigrant visas issued each year for immediate relatives. This means that immediate relatives of U.S. citizens can apply for permanent residence once an immigrant petition is approved (or concurrently if present in the United States), and avoid the prolonged delays faced by those who qualify for a family preference immigrant visa.
Immigrant visas may be available for foreign nationals who have more distant relationships with a U.S. citizen or, in some cases, a U.S. permanent resident. The family preference immigrant visas include four categories of family relationships where a foreign national may be sponsored by the qualifying relative for permanent residence.
These categories are:
The number of immigrant visas available for each family preference category is limited. If the number of qualified applicants exceeds the number of visas available for a particular year, there will be a wait. Unfortunately, this wait is usually significant and families can be separated for years as a result. See the U.S. Department of State’sย Visa Bulletinย for more information.
Helping Our Clients Resolve Family Immigration Cases Regardless of what type of family immigration case you may have, the process will be complicated and time-consuming. Our attorneys are here to work tirelessly on your behalf to help ensure that your family will remain together or be reunited as quickly as possible. To schedule a consultation to discuss your family immigration issues, contact us today.
Typically, you will need proof of the sponsorโs status (e.g., U.S. citizenship or permanent residency), proof of the family relationship, and financial support evidence.
Processing times vary depending on the visa category and the applicantโs country of origin. Immediate relatives generally face shorter wait times than family preference categories.
It depends. If youโre already in the U.S. and file for adjustment of status, you may be eligible for a work permit and travel document while your case is pending.
Yes, U.S. citizens can sponsor their brothers or sisters under the Family Fourth Preference (F4) category, but wait times are often very long.
Yes, sponsors must meet certain income requirements to show they can financially support the sponsored relative. If they donโt meet the threshold, a joint sponsor can assist.
Denials can occur as a result of insufficient documentation, lack of proof of a legitimate family relationship, inadmissibility issues (e.g., criminal history), or failure to meet income requirements. It is important to carefully review all requirements and gather strong evidence before submitting a family-based immigration petition.
Expediting is only possible in limited circumstances, such as emergencies, military deployment, or urgent humanitarian reasons. You must request expedited processing directly from USCIS. However, hiring an experienced lawyer can help streamline your application and increase your chance of approval.
Green Evans-Schroeder is conveniently located in Tucson and services clients throughout the area. If you would like more information or wish to schedule a consultation, please call us at either of our two office locations. Se habla Espaรฑol.
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