Family Based Immigrant Visa
Every day, family members and loved ones wish to be reunited in the United States. Through family sponsorship, a United States citizen or Lawful Permanent Resident (LPR), can bring their family member to the United States.
Family sponsored visas or family-based petitions allow individuals in the United States to sponsor their family members to eventually become permanent residents. Immigration law for a family member’s visa is based on the premise that the family member is coming to the U.S. due to their relation to a citizen or legal permanent resident.
Though you may be eligible to bring your family member to the United States, the process is far from simple. Providing evidence, filing forms, and diligent timeliness are all important factors that are involved in the pursuit of family-sponsored immigration. Working with an experienced family immigration lawyer can help ease the process of sponsoring your family members and/or spouse. Family immigration law is the principal component of reuniting and staying with your family.
Petitioning for Relatives
You, the U.S. citizen, will have to file a petition for your family member hoping to enter the United States. A family petition lawyer can walk you through the process of petitioning for your loved one. In order to be eligible to sponsor your family member, you first need to make sure you meet the requirements to sponsor your potential immigrant family member:
You can prove by evidence that you are a U.S. Citizen or Lawful Permanent Resident
You have a qualifying relationship with the individual you are petitioning for
You must demonstrate that you can support the potential family immigration applicant at 125% or more above the poverty line
You must be able to file Form I-130 in addition to the other necessary family immigration forms
Once you have determined you are able to petition for family immigration, you can proceed to petition for your relative. Green cards for family preference immigration can fall into either immediate relative classifications or other family “preference immigration” classifications.
If you are a U.S. citizen, you can sponsor the following family members within the immediate relative classifications:
Your husband or wife
Your unmarried children under the age of 21
Your mother or father if you are 21 years or older
Adopted child if you adopted your child abroad
Adopted child to be adopted in the United States
If your relationship with your family member is considered a limited family based green card, then you will apply within the following preference categories:
First Preference (F1): you are a U.S. citizen petitioning for unmarried sons and daughters who are 21 years or older
Second Preference (F2A): you are an LPR sponsoring your spouse and children (who are unmarried and younger than 21 years old)
Second Preference (F2B): you are an LPR sponsoring you unmarried sons and daughters 21 years and older
Third Preference (F3): Your married son and daughter if you are a U.S. citizen
Fourth Preference (F4): your brothers and sisters if you are a U.S. citizen age 21 or above
Green cards through family sponsorship do depend on preference level. Speak with your family sponsorship lawyer about which preference level your family members fall into. If your family member falls into a lower preference, work with you family immigration lawyer to discuss when to apply. If there are too many qualified candidates for a specific preference category, then the immigrant visas are given depending on when they were filed. Applying for a family immigration visa early on can help in your success of attaining a green card for your loved one.