One of the most important legal journeys one can make is to bring a family member to the United States. However, this journey can be very complicated. Family-Based Immigration system involves multiple agencies, high eligibility requirements, a very lengthy process, and a lot of precision when filling out paperwork. Missing or incorrectly filling out paperwork can take this process back months.
Having a best immigration lawyer can put you ahead from the competition. In many cases, this lawyer can be the deciding factor for a positive outcome and can save you from years of unnecessary delays.
What Is Family-Based Immigration?
The most popular way for foreign nationals to get legal permanent residency and a green card in the United States is through family-based immigration. This immigration pathway allows family members of U.S. citizens and legal permanent residents to receive immigration benefits by being sponsored.
The family-based immigration process can be very complicated, as it can require the involvement of U.S. Citizenship and Immigration Services, and may include the National Visa Center and U.S. consular posts abroad or Immigration Courts, in the case of family-based immigration applicants who are already in the U.S.
Family-Based Immigration Has Two Main Categories
Two Categories of Family-Based Immigration
Immediate Relatives of U.S. Citizens
- The most simple and straightforward category of Family-Based Immigration covers the Immediate Relatives of U.S. Citizens. This group consists of:
- Spouses of U.S. Citizens
- Unmarried children under the age of 21 of U.S. Citizens
- Parents of U.S. Citizens who are 21 years or older
- Immediate Relative petitions cover all family members, and these petitions are not subject to the annual limits. This means, there are no visa backlogs, and petitions can be processed immediately upon the establishment of eligibility.
Immediate relative petitions are not subject to annual numerical limits, which means there is no visa backlog and processing can move forward as soon as eligibility is established. This makes it the fastest family-based immigration pathway available.
This makes this the quickest option for family-based immigration.
There are four family preference categories, and each provides different immigration pathways. In categories with high demand, applicants may wait many years, if not decades, to receive a visa.
The preference categories are for:
First Preference (F1) – Unmarried sons and daughters over 21 of U.S. citizens.
Second Preference (F2A and F2B) – Family members of lawful permanent residents (F2A) and (F2B) Unmarried sons and daughters over 21 of lawful permanent residents.
Third Preference (F3) – Married sons and daughters of U.S. citizens.
Fourth Preference (F4) – Sisters and brothers of U.S. citizens who are over 21.
An experienced immigration attorney will clarify, as an early step in the immigration process, the category that describes your family relationship. The category will influence the timeline and strategy of your case.
Step-by-Step: How the Family-Based Immigration Process Works
Step 1 – File the Petition
Form I-130, Petition for Alien Relative, must be filed by the U.S. citizen or lawful permanent resident sponsor. Petitions must include relationships proof, evidence of the sponsor’s immigration status and identity documents, among other documents.
Step 2 – Wait for Approval and Visa Issuance
Petition approval by USCIS provides an immigration pathway for the immediate relative with no delay.
For family preference categories, the approved petition is sent to the National Visa Center. The applicant then must wait for a visa to become available to them in accordance with their priority date, and in accordance with their category.
Step 3 National Visa Center Processing
Once a visa number is available, the National Visa Center collects fees, documents, and biographical information from the applicant in for the consular interview. This stage involves significant document preparation and must be handled carefully to avoid delays.
Step 4 Consular Interview or Adjustment of Status
Applicants residing abroad must attend a consular interview in their home country. Applicants who are already in the U.S. and are in possession of a valid visa may have the option of filing Form I-485 to adjust their status without leaving the United States.
Common Challenges in Family-Based Immigration
The family-based immigration process has multiple points where applications can face delays, become more complicated, or result in denials. Some of the most common challenges include:
Relationship documentation gaps. When you submit a marriage-based petition, USCIS carefully reviews the relationship. If you do not provide enough evidence of a genuine marriage, USCIS may schedule an interview and deny the petition.
Prior immigration violations. Unlawful presence in the United States, prior deportation orders, or visa overstays can create bars to admissibility. Applicants often need waivers before they can receive immigration benefits.
Criminal history. Even relatively minor criminal convictions can affect admissibility. An experienced attorney can review your record before you file the petition.
Country of birth backlogs. Applicants from countries with high demand for family preference visas, including Mexico and the Philippines, often wait much longer than applicants from other countries in the same category.
Identifying these issues before you file, rather than discovering them during an interview, is one of the most valuable ways the best immigration lawyer can help your case.
Why Autrey Law Firm Is the Right Choice for Family Immigration in North Dakota
At Autrey Law Firm, we have helped individuals, families, and businesses navigate U.S. immigration law from our Grand Forks, North Dakota office for more than 50 years. Our experienced immigration attorneys handle every stage of the family-based immigration process, from filing the initial petition and completing National Visa Center processing to preparing clients for consular interviews, adjustment of status applications, naturalization, and deportation defense.
We help families with loved ones living abroad as well as families in the U.S. who want to obtain permanent residency. Instead of focusing on only one part of your case, we evaluate your entire situation and recommend the best legal strategy.
If you want the best immigration lawyer to guide your family through the immigration process, choose a lawyer with extensive experience and a strong commitment to protecting your interests.
FAQs
How long does family-based immigration take?
Family-based immigration moves faster for immediate relatives of U.S. citizens. In most cases, the process takes one to two years from the time the sponsor submits the petition until USCIS approves the green card. Processing times also depend on USCIS and consular interview scheduling. However, family preference categories often take much longer because of annual visa caps and country-specific backlogs.
Can I petition for my sibling to come to the United States?
Yes. However, you must be at least 21 years old and a U.S. citizen. Sibling petitions fall under the Fourth Preference category. Because this category has significant backlogs, you should file the petition as early as possible.
What happens if my family member has been in the U.S. without status?
Unlawful presence in the U.S. can create bars to admissibility that may require a waiver. The length of unlawful presence and the relationship between the petitioner and the applicant affect the available waiver options and the likelihood of success. A qualified immigration attorney can review your case and explain your legal options.
Can a green card holder petition for a spouse?
Yes. Lawful permanent residents can petition for their spouse and unmarried children under the Second Preference category. However, annual visa caps apply, so applicants usually face waiting periods.
Do I need an immigration lawyer to file a family petition?
You do not have to hire an attorney. However, filing errors, delays, denials, and potential bars to future applications can create serious problems. The best immigration lawyer can identify issues early and guide you through every step of the process.
What is the difference between a green card and a visa?
A visa allows someone to enter the United States for a specific purpose and a limited period. A green card gives the holder lawful permanent resident status, allowing them to live and work in the United States permanently. It also serves as an important step toward naturalization and U.S. citizenship.
Final Thoughts
Among the most emotionally overwhelming processes in American law is family-based immigration, and it is also one of the most legally complex. You will need a great immigration attorney to help you identify the immigration category that best suits your relationship, collect the necessary documents, predict and prepare for challenges, and learn how to deal with the many daunting bureaucratic hurdles that arise when dealing with multiple federal agencies.
Contact Autrey Law Firm today for a free consultation and let our experienced immigration team guide your family through every step of the process. Our office is located at 219 South 4th Street, Grand Forks, ND 58201. Call us at serve clients throughout North Dakota and Minnesota.