When someone is a United States citizen or has a green card, certain categories of their relatives may be eligible to become lawful permanent residents of the country. The public policy behind these immigration laws is for families to be reunified and live together. However, the other family members must go through the green card application process and gain proper immigration permission to live and work in the United States and benefit from these policies.
Certain family members may have an easier time than others on their pathway to receiving a green card or becoming a United States resident. An immigration attorney can answer all your questions and handle the application process. Having professional legal assistance avoids costly mistakes and delays and helps your family reunite sooner whenever possible.
Immigrant Visas for Immediate Relatives of a Citizen or Green Card Holder
Certain immediate relatives of a United States citizen can apply for lawful permanent resident status. The law defines an immediate relative as:
- The spouse of a U.S. citizen
- The unmarried child under 21 years of age of a U.S. citizen
- The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)
There are no limitations on the number of visas available to immediate relatives of residents of this country. Thus, you are not competing with others for limited spots under what may be a tight cap. However, it may take USCIS a considerable amount of time to process an application because of its large backlog. Last year, the backlog for immediate relative visas topped one million applicants. Starting the process sooner and with the right legal guidance can prevent delays and lead to a faster outcome.
There are fewer opportunities for a lawful permanent resident to bring others into the country than for a U.S. citizen. If you are a green card holder, only a spouse or an unmarried son or daughter can apply for any type of family-based immigrant visa. You may have a broader right to sponsor your family members to immigrate to the United States once you become a citizen.
Family Preference Visas May Be Harder to Obtain
Family preference visas may be harder to obtain because there are tight limits on the number of people who may come into the country using this particular process. Only 226,000 people may receive residency in this country under this program. Many applicants are trying to obtain family preference visas, and you or your relative may need to wait for some time before your application is approved.
There are four possible categories of family preference visas, each with its own cap on the number of people allowed into the country each year. The categories and caps are as follows:
- Family First Preference (F1): Unmarried sons and daughters of U.S. citizens and their minor children. (The cap is 23,400 visas per year)
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of lawful permanent residents. At least seventy-seven percent of all visas available in this category go to spouses and children, and the remainder is allocated to unmarried sons and daughters. (The cap is 114,200 visas per year)
- Family Third Preference (F3): Married sons and daughters of U.S. citizens and their spouses and minor children. (The cap is 23,400 visas per year)
- Family Fourth Preference (F4): Brothers and sisters of U.S. citizens and their spouses and minor children, so long as U.S. citizens are at least 21 years of age. (The cap is 65,000 visas per year
There is a long waiting list for visas in some of these categories. For example, the waiting list for the Family Second Preference is over 700,000. Given the caps in this category, it may take years for a visa application to be processed and granted, making it essential to begin the process now.
Generally, the processing time for a family preference visa is at least several months, even if there is no backlog or waiting list.
Requirements to Obtain a Family-Based Immigration Visa
To meet the requirements for a family-based immigration visa, a citizen or lawful permanent resident of the United States must do the following:
- Establish the legitimacy of the relationship with the person that they are sponsoring
- Meet certain minimum income requirements
- Sign an affidavit of support stating that the sponsor will be financially responsible for the family member(s) on arrival in the United States
In addition, the person seeking residency must meet many requirements. One key part of this process is an analysis of that person’s immigration and criminal history. The person must also demonstrate that they will not become dependent on the United States government for financial support.
In other words, it is far from automatic that the person seeking residency will have their application approved. Since there are limited rights of appeal for green card applications, you should consider having an immigration attorney represent you at the outset of the process to give you the best possible chance at success.
Why You Need an Immigration Attorney to Help with Your Case
From your perspective, you must submit a well-documented application that demonstrates why you deserve a visa to this country. Any mistakes on an application can cause longer delays in USCIS approval. The officer reviewing your claim may deny it or send it back for further clarification. Any hurdle can add considerable time to your case when there are already long waiting lists for these types of immigrant visas.
Therefore, it is imperative to obtain help from an immigration lawyer early in the process. It can harm your case when you do not know the law or are trying to complete paperwork alone. An immigration attorney can prepare the application on your behalf to ensure it is correct. Then, your immigration lawyer can communicate with USCIS if they have any questions or concerns about your application.
If you want to learn more, consult a family immigration attorney near you today.