Your Guide to U.S. Family Immigration: 10 Key Questions Answered

 

Immigrating to the United States to reunite with family is one of the most common and emotionally rewarding paths to permanent residency. However, the process of family-based immigration can be complicated, involving various forms, documentation, and legal considerations. If you’re thinking about applying for a family visa or sponsoring a relative to join you in the U.S., this guide will walk you through the 10 key questions you should have answered.

 

1. What Is Family-Based Immigration?

Family-based immigration allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members for permanent residency in the United States. The purpose is to keep families together, and it accounts for a significant portion of the overall immigration flow into the country each year.

There are two main categories for family-based immigration:

• Immediate Relatives: This includes spouses, unmarried children under 21, and parents of U.S. citizens. Visas for immediate relatives are not subject to annual limits, meaning there’s no waiting period other than standard processing times.

• Family Preference Categories: These include more distant family members like adult children and siblings of U.S. citizens, as well as spouses and children of lawful permanent residents. These visas are subject to annual caps, meaning longer wait times based on visa availability.

 

2. Who Can Sponsor a Family Member for a U.S. Visa?

To sponsor a family member for a visa, you must meet certain eligibility criteria:

• U.S. Citizens: Can sponsor spouses, children, parents, and siblings. U.S. citizens have more flexibility in the types of family members they can sponsor compared to permanent residents.
• Lawful Permanent Residents (Green Card Holders): Can sponsor spouses and unmarried children. Green Card holders cannot sponsor parents, siblings, or married children.

Sponsors must also be able to prove that they can financially support their relative. This means meeting income requirements outlined in the Affidavit of Support (Form I-864), where you must demonstrate that you can support the family member at 125% of the U.S. poverty level.

 

3. What Are the Steps in the Family-Based Immigration Process?

The family immigration process generally involves two main steps:

• Filing the Petition: The U.S. citizen or Green Card holder must file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship.
• Visa Application: Once the petition is approved, the sponsored family member can apply for an immigrant visa through the National Visa Center (NVC) if they are outside the U.S., or they can apply for an Adjustment of Status (Form I-485) if they are already in the U.S.

For immediate relatives, this process can be relatively fast. For family preference categories, there may be a waiting period based on visa availability and priority dates.

 

4. What Is the Difference Between an Immigrant Visa and Non-Immigrant Visa for Family Members?

An immigrant visa is for those who intend to live permanently in the U.S., leading to a Green Card after arrival. A non-immigrant visa is for temporary stays, such as visiting family. If you’re sponsoring a relative for permanent residency, they will need an immigrant visa.

Family members who are visiting temporarily can apply for non-immigrant visas like the B-2 tourist visa. However, these visas don’t offer a path to permanent residency, so if the goal is to bring a family member to live in the U.S. permanently, you must pursue an immigrant visa.

 

5. How Long Does the Family Immigration Process Take?

The time it takes to bring a family member to the U.S. depends on two factors: your relationship to the family member and their country of origin.

• Immediate Relatives: Processing can take around 6 to 12 months, as there are no visa limits for immediate relatives of U.S. citizens.
• Family Preference Categories: The waiting period can range from several months to many years, depending on the relationship and the country of origin. For example, siblings of U.S. citizens from countries like Mexico or the Philippines may wait over a decade due to visa backlogs.

The U.S. Department of State provides a Visa Bulletin each month, which shows which priority dates are currently being processed for family preference categories.

 

6. What Financial Responsibilities Do Sponsors Have?

As a sponsor, you are required to submit an Affidavit of Support to show that your family member will not become a public charge (i.e., dependent on government assistance). You must meet or exceed 125% of the federal poverty guidelines for your household size.

If you fail to meet the income requirement, you can combine your income with that of a joint sponsor or use assets to make up the difference. The obligation to support your family member lasts until they either become a U.S. citizen or have worked 40 qualifying quarters (approximately 10 years) in the U.S.

 

7. Can My Family Member Work While Their Application Is Being Processed?

If your family member is already in the U.S. and has applied for Adjustment of Status, they can apply for a work permit (Employment Authorization Document, or EAD) while their Green Card application is processed. 

For family members outside the U.S., they generally cannot work until they receive their immigrant visa and enter the U.S. on that visa. After entering, they will be able to apply for employment authorization.

 

8. What Happens if My Family Member’s Immigration Application Is Denied?

If your family member’s application is denied, there are several potential remedies:

• Appeal: You can appeal the decision to the Board of Immigration Appeals (BIA) within 30 days of the denial.
• Reapplication: Sometimes, fixing errors in the application or submitting additional documentation can allow you to reapply.
• Waiver: In certain cases, such as if the denial is based on inadmissibility, you may be able to apply for a waiver to overcome the denial.

Working with an experienced immigration lawyer can help you navigate these options and improve your chances of success in case of a denial.

 

9. What Are the Rights and Responsibilities of a Green Card Holder?

Once your family member receives their Green Card, they will have many of the same rights as U.S. citizens, including the right to live and work in the U.S. However, there are some limitations. For example, Green Card holders cannot vote in U.S. elections or hold certain government jobs.

Additionally, Green Card holders have responsibilities, including:

• Paying U.S. taxes: Green Card holders are required to pay taxes on their worldwide income.

• Maintaining permanent residency: Green Card holders must reside in the U.S. and cannot spend extended periods abroad without risking abandonment of their residency status.
• Obeying U.S. laws: Committing certain crimes can lead to deportation, even for permanent residents.

10. How Can an Immigration Lawyer Help with Family Immigration?

Family-based immigration is complex, with detailed documentation requirements and varying timelines. An immigration lawyer can help you:

• Determine eligibility: Assess which family members can be sponsored and under which category.
• Prepare applications: Ensure that all forms and documentation are submitted accurately and on time.
• Handle denials and appeals: If your application is denied, an immigration lawyer can help you navigate the appeals process or reapply.

With the right legal guidance, you can avoid mistakes that might delay or jeopardize your family’s immigration journey.

Family-based immigration offers a pathway for U.S. citizens and Green Card holders to reunite with their loved ones, but it can be a long and complex process. By understanding the key aspects of this process and seeking professional guidance, you can navigate the immigration system more confidently. If you’re considering family immigration, contact the Law Offices of Karen Monrreal in Reno, NV today to learn how we can help you bring your family together in the United States.