Are you a U.S. citizen or lawful permanent resident? If so, you may be eligible to sponsor a family member to immigrate to the U.S. If you are looking to sponsor a family member’s visa, keep reading as we explore the steps you need to take to complete this process and why connecting with our trusted Essex County Family Immigration Attorneys is in your best interest.
What Types of Relative Visas Are Available?
There are two groups of family-based immigrant visa categories: immediate relatives and family preference. Immediate relative visas are based on a close family relationship with a U.S. citizen. This includes spouses, unmarried children under 21, or parents. The number of immigrant visas in these categories is not limited to each fiscal year. Family preference immigrant visas, on the other hand, are based on specific, more distant, family relationships with a U.S. citizen and some specified relationships with a LPR. Unlike the immediate relative visa category, there are fiscal year numerical limitations. There are five categories of family preference visas:
- F1: Unmarried sons and daughters of U.S. citizens who are 21 years of age or older
- F2A: Spouses and children of LPRs who are unmarried and under 21 years of age
- F2B: Unmarried sons and daughters of LPRs who are 21 years of age or older
- F3: Married sons and daughters of U.S. citizens who are 21 years of age or older
- F4: Brothers and sisters of U.S. citizens who are 21 years of age or older
What Steps Must I Take to File for a Family Member’s Visa?
If you want to sponsor a family member to immigrate to the United States and apply for a green card, the first step is filing Form I-130, Petition for Alien Relative. To use Form I-130, you must be a U.S. citizen or lawful permanent resident (LPR). It’s important to understand that an approved petition doesn’t give your relative any immigration status or benefit. Rather, a petition establishes that a qualifying family relationship exists between you (the petitioner) and your relative (the beneficiary). The filing date of the petition gives your family member a “priority date,” which is essentially their place in line to apply for a green card.
The steps for this process will vary depending on where your relationship with your relative and where they are located. If your relative is already residing in the U.S. and an immigrant visa is available, they are eligible to apply for their green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If your relative is residing outside of the U.S., they will need to wait until the United States Citizenship and Immigration Services (USCIS) approves the petition, at which point, they will assign a visa number so they can continue the application through consular processing in their country.
As you can see, immigration is a complex matter. If you need assistance bringing your family members to the U.S., please don’t hesitate to contact an experienced attorney who can help you navigate this process. At the Law Offices of Christopher T. Howell, Esq., we understand how much is on the line when your family is separated. Contact us today to learn how we can assist you.
