How Does Family-Based Immigration Work in the U.S.?
In the United States, citizens of the country as well as those with lawful permanent resident status can sponsor visas to bring their relatives in a foreign country into the U.S. This is known as family-based immigration and can provide a path for foreign relatives to become citizens of the United States. The visas available in the family-based immigration process do not apply to all relatives, though. Likewise, not everyone can sponsor eligible family members. Below, our Tampa immigration attorney explains more.
Who Can Sponsor a Relative?
The individual who sponsors, or requests, a visa on behalf of a relative in a foreign country is referred to as the petitioner. All petitioners must be a lawful permanent resident or citizen of the United States. Citizens of the United States can sponsor a spouse, child, sibling, or parent. Lawful permanent residents in the U.S. can only sponsor their spouse or an unmarried child.
Immediate Relatives vs. Family Preference
Family-based petitions fall into one of two categories. These are either immediate relative or family preference. A petition for an immediate relative refers to requests for a green card for a spouse, parent, or unmarried child who is under 21 years old. These individuals must be relatives of the petitioner, who is a United States citizen. Children can also include adopted children adopted by citizens of the United States, or who are entering the country to be adopted by a U.S. citizen.
Petitions based on family preference involve other qualified relatives, which are as follows:
- Unmarried children of U.S. lawful permanent residents who are 21 years of age or older
- Spouses of minor unmarried children of lawful permanent residents
- Married children of citizens of the United States
- Siblings of citizens of the United States
Other than the eligibility for each type of category, the other main difference is that there is no limit on the number of immediate relative visas issued each year. The number of visas issued to sponsor individuals in the family preference category, though, are capped.
Family-Based Immigration Process
The process for family-based immigration starts when the petitioner makes their formal request by filling out Form I-130 and submitting it with the United States Citizen and Immigration Services (USCIS). If USCIS approves the petition, the family member can enter the United States as a lawful permanent resident. The time it takes for approval varies depending on the type of category and the backlog of the USCIS.
Our Immigration Attorney in Tampa Can Help You Through the Process
While the law in the United States does allow citizens and lawful permanent residents to petition for family members, the process is never easy. At Florida Law Advisers, P.A., our Tampa immigration attorney can help you navigate the process and provide the legal advice you need every step of the way so it proceeds as smoothly as possible. Call us today or contact us online to schedule a consultation and to get more information.
Source:
uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen
