Mahaprasad Nanda

Family-based immigration provides a pathway for U.S. citizens and lawful permanent residents (LPRs) to sponsor certain family members for permanent residency (a green card) in the United States. It's a cornerstone of U.S. immigration policy,reflecting the importance of family unity and contributing to the nation's diversity.

Eligibility Criteria for Sponsors

• U.S. Citizens: Citizens can sponsor their:
  • Spouses
  • Unmarried children under 21
  • Parents (if the citizen is 21 or older)
  • Siblings (if both the citizen and the sibling are 21 or older)
• Lawful Permanent Residents (LPRs): LPRs can sponsor their:
  • Spouses
  • Unmarried children

Family-Based Visa Categories

1. Immediate Relatives: Visas for immediate relatives are not subject to annual numerical limits, resulting in faster processing times. They include:
   • Spouses of U.S. citizens (IR1/CR1)
   • Unmarried children under 21 of U.S. citizens (IR2)
   • Parents of U.S. citizens who are at least 21 years old (IR5)
2. Family Preference Categories: Subject to annual numerical limits, which can lead to extended waiting periods depending on the category and the applicant's country of origin. The preference categories are:
   • F1: Unmarried sons and daughters (21 or older) of U.S. citizens
   • F2A: Spouses and unmarried children (under 21) of LPRs
   • F2B: Unmarried sons and daughters (21 or older) of LPRs
   • F3: Married sons and daughters of U.S. citizens
   • F4: Brothers and sisters of U.S. citizens (both must be at least 21 years old)

Application Process Overview

1. Petition Filing (Form I-130):

The U.S. citizen or Lawful Permanent Resident (LPR) sponsor initiates the family-based green card process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the qualifying family relationship between the sponsor and the beneficiary (the person seeking a green card). The sponsor must provide evidence of their U.S. citizenship or LPR status and their relationship to the beneficiary. This evidence can include birth certificates, marriage certificates, or adoption decrees.

Approval and National Visa Center (NVC) Processing:

Upon approval of Form I-130, USCIS transfers the case to the National Visa Center (NVC). The NVC is responsible for collecting fees and documents from the applicant and sponsor. The NVC will also schedule an interview for the beneficiary if consular processing is required.

Consular Processing or Adjustment of Status:

After the NVC has completed its processing, the beneficiary will either complete the green card process through consular processing or adjustment of status.

• Consular Processing: If the beneficiary resides abroad, they will complete the green card process at a U.S. embassy or consulate. The beneficiary will be required to attend an interview, undergo a medical examination, and submit additional documents. If the beneficiary is approved for a green card, they will be issued an immigrant visa, which they must use to enter the U.S. within six months.
• Adjustment of Status: If the beneficiary is legally present in the U.S., they may apply for a green card within the U.S. through adjustment of status. The beneficiary must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. The beneficiary will be required to attend an interview, undergo a medical examination, and submit additional documents. If the beneficiary is approved for a green card, they will be issued a permanent resident card (green card) in the mail.

Important Considerations

• Affidavit of Support (Form I-864): The sponsor typically needs to demonstrate financial capacity to support the immigrant relative. This is typically done through the submission of documents such as tax returns, pay stubs, and bank statements. The sponsor must show that they have sufficient income and assets to support the immigrant relative at 125% of the federal poverty level.
• Priority Dates: For family preference categories, the I-130 filing date sets the "priority date." This is the date that the petition was filed with USCIS. The priority date is used to determine when a visa becomes available for the immigrant relative. The Visa Bulletin is a monthly publication that lists the priority dates for each family preference category.
• Processing Times & Backlogs: Visa availability and processing times can vary due to annual quotas, country-specific limits, and USCIS workload. This can lead to potential delays in the immigration process. For example, the annual quota for family preference visas is 226,000. If more than 226,000 petitions are filed in a year, then some petitioners will have to wait until the following year for a visa to become available.
• Inadmissibility: Certain factors, such as criminal history or health issues, can render an individual inadmissible. This means that they will not be allowed to enter the United States. Some of the most common grounds of inadmissibility include:
  • Criminal history: Individuals who have been convicted of certain crimes, such as murder, drug trafficking, or domestic violence, are inadmissible.
  • Health issues: Individuals who have certain communicable diseases, such as tuberculosis or HIV/AIDS, are inadmissible.
  • Public charge: Individuals who are likely to become a public charge, meaning that they are likely to rely on government assistance, are inadmissible.

Seeking Professional Guidance

Family-based immigration can be complex. While this information offers a broad overview, consulting an experienced immigration attorney is recommended for personalised advice and support navigating this process

Disclaimer:

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity.OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.