How to Apply for Family-Based Immigration

Table Of Contents

What Is Family-Based Immigration?

Family-based immigration provides a path for foreign nationals to obtain lawful permanent residence through a qualifying family relationship. The United States immigration system prioritises family unity. Family-based immigration categories include immediate relatives and family preference categories. Immediate relatives include spouses of United States citizens, unmarried children under 21 of United States citizens, and parents of United States citizens over 21.
Family preference categories include other family members. These categories include unmarried sons and daughters of United States citizens. These categories include spouses and unmarried children of lawful permanent residents. These categories include married sons and daughters of United States citizens. These categories include brothers and sisters of United States citizens over 21. Each category has a specific number of visas. The government makes these visas available each year. This numerical limitation often results in waiting periods. These waiting periods are for family preference categories.

Who Qualifies as an Immediate Relative for Family-Based Immigration?

Who qualifies as an immediate relative for family-based immigration? A spouse of a United States citizen qualifies. An unmarried child under 21 of a United States citizen qualifies. A parent of a United States citizen over 21 qualifies. Immediate relatives have immediate visa availability. This visa availability has no numerical limitation.
United States citizens sponsor immediate relatives. The sponsoring United States citizen files a petition for the immediate relative. The petition establishes the qualifying family relationship. The immediate relative can then apply for a green card. The green card application process involves several steps.

How Do I Start a Family-Based Petition?

You start a family-based petition by filing Form I-130, Petition for Alien Relative, with United States Citizenship and Immigration Services (USCIS). The petitioner is the United States citizen or lawful permanent resident. The petitioner must provide evidence of the qualifying family relationship. This evidence includes birth certificates, marriage certificates, and other official documents.
The petition must include proof of the petitioner's United States citizenship or lawful permanent residency. The petitioner must also demonstrate the ability to financially support the sponsored relative. This financial support prevents the sponsored relative from becoming a public charge. The petition moves forward after USCIS approves Form I-130.

What Documents Do I Need for a Family-Based Petition?

You need specific documents for a family-based petition to prove the family relationship. A United States citizen petitioner needs a copy of a birth certificate, naturalisation certificate, or United States passport. A lawful permanent resident petitioner needs a copy of a green card. The petitioner provides evidence of the relationship.
Evidence of the relationship includes a marriage certificate for spouses. Birth certificates prove parent-child relationships. Divorce decrees or death certificates for previous marriages are necessary. The petition also requires photographs, joint financial documents, and other evidence of a bona fide relationship. All documents not in English require a certified translation.

After Family-Based Immigration Petition Approval, What Happens?

After petition approval, the process diverges based on the relative's location. If the relative is already in the United States, they may be eligible for adjustment of status. Adjustment of status allows the relative to apply for a green card without leaving the United States. The relative must meet specific eligibility criteria for adjustment of status.
Family-based immigration involves consular processing. Consular processing applies to a relative outside the United States. Consular processing includes an interview. The interview takes place at a United States embassy or consulate. The National Visa Centre handles preliminary stages. The National Visa Centre collects documents. The National Visa Centre collects fees. The National Visa Centre schedules the interview.

Family-Based Consular Processing Steps

Consular processing steps involve several stages after petition approval. The approved Form I-130 goes to the National Visa Centre (NVC). The NVC then instructs the petitioner and beneficiary to submit required documents and pay fees. These documents include civil documents, financial support forms, and photographs.
The NVC reviews all submitted documents. The beneficiary attends a medical examination before the interview. The consular officer conducts the interview. The consular officer determines the beneficiary's eligibility for the visa.

FAQS

What is a preference category?

A preference category is a family-based immigration category with numerical limitations. Preference categories include adult children of United States citizens and spouses of green card holders. This limitation creates waiting periods for visa availability.

How long does family-based immigration take?

Family-based immigration duration varies significantly. Immediate relative petitions generally process faster. Preference category petitions involve longer waiting periods. The waiting period depends on the specific preference category and the beneficiary's country of origin. Visa bulletin publication provides current waiting period information.

What is an affidavit of support?

An affidavit of support is a legally binding document. The petitioner signs an affidavit of support. The petitioner promises to financially support the sponsored immigrant. This financial support makes sure the immigrant does not become a public charge. The petitioner must meet specific income requirements.

Can I apply for my siblings?

You can apply for your siblings if you are a United States citizen and over 21 years old. This category is a family preference category. A family preference category involves a waiting period. You file Form I-130, Petition for Alien Relative, for your siblings.

What is adjustment of status?

Adjustment of status allows an eligible foreign national to apply for a green card. The foreign national must have entered the United States lawfully. The foreign national must also have an approved immigrant petition.

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