What Entails A Family-Based Immigration In The U.S.? from Lincoln-Goldfinch Law's blog

Immigration of family members to the U.S. can be the best way to unite families who are apart. It is especially possible if one of them already lives in the U.S. They can apply for an Immigrant Visa from the U.S. Citizenship and Migration Services (USCIS). However, if they are already in the U.S., they can apply for the Adjustment of Status.

This article will discuss how Family-Based Immigration can unify a family again.

Immediate Relative and Family Preference are the two types of Family-Based Immigration and are under the Immigration and Nationality Act (INA).

Family Preference Immigration is applicable for specific and distant relatives, and each year the number of immigrants is limited. On the other hand, Immediate Relative Immigration can be applied depending on the relationship of the U.S. citizen to the applicant. Before any procedure, it is suggested to hire an Immigration Attorney so that there would be sufficient evaluation and that everything will go as smoothly as possible once the processing of the application starts.

It is important to ensure that those U.S. citizens or Green Card holders/Lawful Permanent Residents have the financial means to sponsor a relative who will apply for Immediate Relative or Family-Based Immigration. This is a requirement made by the USCIS among other things.

For those who are Green Card holders, the number of family members they can petition is only limited (children below 21 years old, children over 21 who are unmarried, and spouses) compared to those who are already U.S. citizens due to their naturalization. However, the process will be the same as those who are U.S. citizens already. On the brighter side, Green Card holders can be classified as U.S. citizens when they meet specific requirements. 

There are numerous qualifications in petitioning a family member of a U.S. citizen or a Green Card holder such as: privilege to petition their children, spouses and parents; adult or married children (1st to 3rd preference); siblings.

If these family members are qualified for sponsorship visa, an immigration process shall be made in the U.S. embassy or consulate by these qualified family members. It is strongly recommended for these qualified relatives who would like to migrate to have a family petition lawyer so that they may be guided through the process.

The privilege of U.S. citizens in petitioning family members is they can petition unmarried children over 21 years of age, and married adult children and siblings.

The whole process is a long one and the slots are limited for Family-Based Immigration application. The detailed process of the application can be checked through the U.S. Department of State- Bureau of Consular Affairs (travel.state.gov) under the U.S. Visas section or through the help of an Immigration Lawyer. It is important to note that financial means to live in the U.S. shall be proved by the applicant.

Filing for I-864 Affidavit of Support shall be done by the applicant sponsor to prove that the family member that they will petition for will not face a public charge. The sponsor shall also have an annual source of income 125% above the poverty level for them to petition a family member. The source of income can also be from any family member living within the household of the sponsor.

Hiring a Family Petition Lawyer is important in the know-how of the immigration laws when the sponsor is not familiar with the processes and documents needed. They may help the sponsor to get at ease with the troubles that they may encounter, and to help the relative/s that they would like to petition on their behalf.

A family may not only be limited to spouses or to children, but other members may also be included. Lincoln-Goldfinch Law can guide the step-by-step of Family-Based Petitions because reuniting with family should not be a hassle.

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