Family
petition
Family
petition
Petition
Family immigration
Family immigration is the main basis for legal immigration to the United States. Under current immigration law, U.S. citizens and lawful permanent residents (LPR) can sponsor certain family members for a visa that provides permanent residency, also known as a “green card.”
Family-based immigration is divided into two categories:
1. Immediate Relatives:
This category is based on a close family relationship with a citizen of the United States (US) described as an immediate relative (IR). There is no numerical limit on the number of visas that can be issued in this category each year. Qualified candidates do not have to wait for their priority date (visa availability) once the petition is approved by USCIS. This category includes:
- Spouses of US citizens.
- Unmarried children under 21 years of age of US citizens.
- Orphans adopted abroad.
- Orphans who are going to be adopted in the US by US citizens.
- Parents of US citizens who are at least 21 years old.
2. Family preference categories:
This category is for specific, more distant, family relationships with a U.S. citizen and some specific relationships with a lawful permanent resident (LPR). This category has subcategories, which have limitations on visas available for family preference immigrants, the higher the preference category, the shorter the wait for an available visa. Family preference categories are:
- First family preference F1: unmarried sons and daughters of US citizens, their spouses and their children;
- Second family preference F2: F2A: spouses, minor children over 21 years of age of legal residents. F2B: unmarried sons and daughters over 21 years of age of legal residents;
- Third family preference F3: married sons and daughters of US citizens and their spouses and minor children
- Fourth Family Preference F4: brothers and sisters of US citizens and their spouses and minor children, as long as the US citizens are at least 21 years old.
PROCESS
Family-based immigration petition process
There are specific steps to follow for a U.S. citizen or lawful permanent resident to successfully sponsor a member of her family. These are:
To begin the sponsorship process, the U.S. citizen or lawful permanent resident must mail a visa petition on USCIS Form I-130, along with accompanying documents, to the U.S. Citizenship and Immigration Services. (USCIS). The applicant must demonstrate that the family relationship is real.
Once USCIS receives the petition, officials consider whether to approve or deny the application. If USCIS needs any additional information, it will send the petitioner a letter called RFE (Request for Further Evidence) requesting it. The petition will not be ready to be processed until USCIS receives all the information.
This step only takes place if the petitioner was in the Family Preference group. Family members who are not considered “immediate” are not eligible for permanent residency immediately, as there are annual limits on the number of Green Cards that can be approved. Therefore, the immigrant enters a waiting list, and will usually wait years before having a visa available. Step 4: The immigrant applies for a visa or green card
If the I-130 petition has been approved and a visa is available, the immigrant will then file an application for permanent residence.
If the applicant applies outside the United States
USCIS will inform the person who filedthe visa petition (the petitioner) if the visa petition is approved. USCIS will then forward the approved visa petition to the Department of State’s National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the beneficiary (the person for whom the visa is requested) when the visa request is received and again when an immigrant visa number is available. When an immigrant visa number is available to the beneficiary, the beneficiary must go to the US consulate that serves the area in which the beneficiary resides to complete the processing. The NVC will guide the applicant on the necessary steps to obtain an appointment with the US consulate abroad.
If the applicant is already in the United States
The beneficiary must file Form I-485 (Application for Adjustment of Status), to change his status to lawful permanent resident after a visa number is available for him at his nearest USCIS office.
Processing time
- Getting a Green Card may take from a few months to a couple of years. The time it takes to get a green card depends on the type of the category that beneficiary is being classified under.
- Immediate Relative Immigrant Visas which do not have a yearly limit: these cases will be processed within a few months.
- Family Preference Immigrant Visas have yearly limits, which means that processing time could vary from months to years. The date when an applicant’s petition will be reviewed is called a priority date. Priority dates are posted monthly on a visa bulletin issued by the U.S State Department.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
