Immigration for Families
- Basic Overview
- Sponsors
- How do I file?
- What happens after I file?
- How long does it take?
- Waivers
- Help with Family-Based Immigration
The family-based application process begins with a petition filed by a U.S. citizen or lawful permanent resident to request an immigrant visa for their qualifying relative. Each petition must be accompanied by evidence of the petitioner's status and the qualifying relationship. An approved petition will allow the relative to submit their own application for permanent residence.
Basic Overview
The goal of family-based immigration is to help family members become lawful permanent residents in the United States. A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
- The relative sponsoring the foreign national must file an immigrant visa petition with US Citizenship & Immigration Services (USCIS). The petition is filed on Form I-130 - Petition for Alien Relative, and must include proof of the qualifying relationship.
- Once the petition is approved by USCIS, the Department of State must determine if an immigrant visa number is immediately available to the foreign national, even if he or she is already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
- If the foreign relative is already in the United States, he or she may apply to change status to that of a lawful permanent resident after a visa number becomes available. This process, known as Adjustment of Status, is one way to apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. Consular Processing is the other way to secure an immigrant visa number.
Who qualifies as a sponsor?
In order for a relative to qualify as a sponsor, they must meet the following criteria:
- US citizen or lawful permanent resident
- Proof of available financial support (125% of the mandatory poverty line)
- Proof of qualifying relationship
US citizens may sponsor immediate relatives (spouses, parents, and unmarried children under the age of 21), as well as sons and daughters 21 years and older, brothers, and sisters. Lawful permanent residents are more limited in the types of relatives they can sponsor: spouses, children, and unmarried sons and daughters.
How do I file?
General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your relative's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your relative's eligibility.
Please note: If you are a U.S. citizen filing for your unmarried child(ren) under 21, or your parent, and they are already in the U.S. and entered legally, then they may be able to file an application for permanent residence with your relative petition at the same time and place.
What happens after I file?
After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.
Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your relative’s place in line for a visa number is reached, the NVC will notify you and your relative, inviting him or her to apply for an immigrant visa at the nearest U.S. Embassy.
How long does it take?
Immigration is based on a preference system, where the sponsor's status and your relationship determines which category the applicant is assigned and how long the process will last. Each immigrant must have an immigrant visa number, which are divided among countries of origin and categories based on a quota system. Immigrant visa numbers are immediately made available for spouses, parents, and unmarried children (under the age of 21) of US citizens, once their I-130 petition is approved. All other relatives must wait in line for a visa number to become available. If your I-130 petition is approved, the filing date becomes your priority date - your place in line - for an immigrant visa number.
The State Department issues a monthly Visa Bulletin with updated availability for each category based on priority dates. For family-based applications, the categories are:
(1) unmarried sons and daughters of U.S. citizens;
(2a) spouses and children of permanent residents;
(2b) unmarried sons and daughters (over 21) of permanent residents;
(3) married sons and daughters of U.S. citizens; and
(4) brothers and sisters of adult U.S. citizens.
Sustained demand and limited supply under the quotas have resulted in 5 to 20 year wait times in some categories.
So, how long does it take? USCIS management asks the same question and prioritizes case loads to handle applications that will soon become current based on the filing date and category. Which means in addition to watching the monthly Visa Bulletin, we are also watching the processing reports from the various USCIS offices to determine when an application should be decided. Processing delays are often blamed on incomplete security checks, but if your case is beyond the published processing dates, contact our office to explore options for expediting a decision.
Waivers
The family-based immigrant petition may be approved even if the foreign relative has a criminal history, unlawful entry, or is otherwise ineligible for a green card. The immigrant petition does not provide a separate lawful status in the U.S., but is a necessary step to obtaining a green card. D.Ray Mantle advises families on whether a waiver is available for their situation, and assists in preparing waiver applications for qualified individuals. Waivers generally depend on whether a qualifying U.S. relative would suffer extreme hardship if the foreign relative was unable to stay in the United States, and several other related factors. Please contact Mr. Mantle directly if you need assistance with a waiver application.
Help with Family-Based Immigration
D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn more about how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.
If you would like to understand more about the application process and to find out if you qualify for a family-based green card, please contact D.Ray Mantle for a consultation.