Do you know what the requirements for family-based immigration are? This guide explains everything you need to know about family visas.
On our website, you will find related articles on how to get a Green Card or expand information about the visa for the United States. If the family member wishes to obtain proof of citizenship or naturalize, please review our section dedicated to obtaining US citizenship.
Our Guide for family-based immigration in 2022
Immigration law allows US citizens to petition certain members of their families. Thus, foreign relatives can obtain a green card, a K-1 fiancé visa, or a K-3 / K-4 visa.
We are known for providing a fast and efficient legal service to Hispanic immigrants and other nationalities with satisfactory results. That’s because we are an immigration law firm in Los Angeles made up of immigrants as well.
In this section, you will find which family members you can claim to obtain American residency by family petition:
What other family members can be petitioned?
There are several categories of preference for non-immediate relatives. This type of family visa has the peculiarity that they are limited. Therefore, unlike visas for immediate relatives, a visa number is not always available.
Visas are available for a specific category of preference, depending on the priority date. Here are the types of preferences:
- First preference. Corresponds to sons/daughters over 21 years of age, unmarried, of American citizens.
- Second preference (2A). It includes the spouse of a permanent resident (holder of a Green Card, and unmarried children under 21 years of age.
- Second preference (2B). It includes adult and unmarried sons and daughters of residence card holders.
- Third preference. Married sons/daughters, regardless of age, of American citizens.
- Fourth preference. Adult brothers/sisters of US citizens.
- For more information on visa priority dates and availability, consult the Department of State’s visa bulletin.
How to help a family member to become a permanent resident of the United States?
US citizens by birth or naturalization can petition their immediate relatives and others.
They can do so by sponsoring the relative through a relative foreign petition and showing that they can support him financially.
They must present evidence of income and/or sufficient assets.
The relative petition process begins with filing Form I-130, Petition for Alien Relative. The form establishes the relationship between the close and the petitioner.
Sometimes Form I-130 can be filed with the Green Card application through Form I-485.
While the application is being processed, the foreign relative outside the United States will have to wait in their country of origin to immigrate legally.
If you are already within the US, you can adjust your status to permanent resident and file Form I-130. A particular statute applies to family members of US citizens of the Armed Forces.
Petitions from relatives abroad are sent to the National Visa Center (NVC). After processing the petition, the NVC forwards it to the US consulate in the relevant country. At that moment, the so-called consular process begins.
Can an American citizen ask for a nephew?
It’s not possible. Although immigration law is quite broad, some non-immediate relatives do not qualify for this benefit. Citizens or permanent residents of the United States can only ask immediate family members, not a nephew.
People also ask:
With family-based immigration programs, U.S. government officials are able to control the flow of foreigners who intend to become residents, and they get to learn a lot about applicants and their families.
What is a family based immigration?
To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
How long does it take for family based immigration?
The median I-130 processing time for immediate relatives (spouse of a U.S. citizen; unmarried child under 21 years of age of a U.S. citizen; or parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older) was 10.2 months. In 2022, the median is 10 months, so processing times have gotten slightly faster.
What are the 4 types of immigrants?
In U.S. immigration, there are four main categories of immigration status, including U.S. citizens, permanent or conditional residents, non-immigrants, and undocumented immigrants.
Is family based immigration good?
Family-based immigration has a positive impact on business development and community improvement. Family ties facilitate the formation of immigrant communities which, in turn, offer a fertile environment for the development of businesses.
GREEN CARD APPLICATION PROCESS
The family-based immigration process generally begins with the petitioner (U.S. citizen or lawful permanent resident) requesting the U.S. government to allow a family member to immigrate. The petitioner files Form I-130, Petition for Alien Relative, with USCIS.
The I-130 petition establishes a qualifying family relationship (within the immediate relative or family preference categories). For more details on what happens after filing the I-130 petition, view the Form I-130 processing time.
Once USCIS approves the I-130 petition and a visa number is available, the foreign family member may apply for a green card. There are two primary paths to apply for a green card: consular processing or adjustment of status. Consular processing is a means for applying for an immigrant visa (green card) through the U.S. embassy or consular office in a foreign country.
Consular processing is the most common path to obtaining a green card. In some cases, an immigrant already inside the United States as a temporary visitor (e.g., student, tourist, etc.) may be able to adjust their status to permanent resident.
Adjustment status is changing immigration status to permanent residence (green card holder). Adjustment of status is only available to a small group of applicants.
The Advantages of Family-Based Immigration
1) Families are crucial to the social and economic incorporation of newcomers.
2) Family-based immigration positively impacts business development and community improvement.
3)Immigrants who come to the country on a family-based visa tend to climb the socioeconomic ladder.
Is family-based immigration permanent?
U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become legal permanent residents (get a Green Card) based on specific family relationships.
Suppose you or a family member want to obtain American residency for a family petition or any case related to immigration matters. In that case, the immigration lawyers at Lluis Law are at your disposal and will help you solve all your doubts. Get Your Application In progress By starting your Application Today from the US Immigration Portal.