For generations, family immigration has been one of the primary coming-to-America vehicles. For the most part, the qualifications are straightforward and the benefits are significant. But, as is usually the case in American immigration law, family immigration pitfalls await that could trap the unprepared.
Family immigration allows U.S. citizens and lawful permanent residents to help certain relatives achieve similar status in the United States. Because immigration rules can be complex and change over time, applicants should verify current requirements with official sources and a qualified Orlando immigration attorney.
Who can sponsor a family member for U.S. immigration purposes?
Generally, U.S. citizens have broad power to file petitions for spouses, children, parents, and siblings. Most lawful permanent residents (green-card holders) have more limited ability to petition on behalf of spouses and unmarried children. In each case, the exact relationship must meet specific legal requirements.
What is Form I-130?
Form I-130, Petition for Alien Relative, is the most common form used to establish a qualifying family relationship. However, approval of an I-130 does not automatically give the relative a green card. Approval simply means the petition is qualified to ask. Depending on the circumstances, the beneficiary typically uses this approval to subsequently apply for an immigrant visa through consular processing or adjust status in the United States.
In other words, family-based immigration requests in the United States are basically a two-step process.
How long does family immigration take?
Mostly because of the aforementioned extra step, family immigration processing times vary considerably.
Immediate relatives of U.S. citizens generally do not face annual numerical visa limits, while many other family-based categories are subject to visa quotas and preference-category backlogs. Processing can therefore range from a few months to many years.
What is the difference between an immediate relative and a family preference category?
This distinction often affects processing time. Immediate relatives generally include a U.S. citizen’s spouse, unmarried child under 21, and parent (if the citizen is at least 21). Other more distant qualifying relatives may qualify under a family preference category, which may have an annual limit and can therefore involve significant waiting periods.
Can a green-card holder sponsor a parent?
Unfortunately no. Even though it seems logical, a lawful permanent resident generally cannot petition for a parent. Only a U.S. citizen who is at least 21 can generally file a petition for a parent. So, family immigration may involve another step: A status adjustment hearing for the petitioner.
Does the petitioner need to meet financial requirements?
Usually, yes. A family-based immigrant generally needs a financial sponsor who files Form I-864, Affidavit of Support, demonstrating sufficient income or qualifying assets. In some situations, the government may allow joint sponsorship.
Can my relative work while waiting for a green card?
Work authorization depends on the person’s immigration status and the application process being used. A family petition generally does not automatically provide employment authorization.
Can family members immigrate together?
Sometimes. Whether relatives can immigrate together depends on the visa category, their relationship to the principal beneficiary, available visa numbers, and what, if any, derivative-beneficiary rules apply.
What happens if the beneficiary is already in the United States?
If eligible, the beneficiary may be able to apply for adjustment of status rather than obtaining an immigrant visa through a U.S. consulate abroad. Eligibility depends on factors such as immigration history, visa availability, and the specific family relationship.
When done right, family immigration is often a useful shortcut. For a confidential consultation with an experienced immigration lawyer in Orlando, contact HAWM Law PLLC. Convenient payment plans are available.