ELITE IMMIGRATION SOLUTIONS
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We Offer the Following Family Visa and Immigration Services:
- Green cards for Spouses of US Citizens
- Green cards for Spouses of US Permanent Residents
- Green cards for Immediate Relatives of US Citizens and Permanent Residents
- Green cards through Adjustment of Status
- Green cards through Consular Processing
What is family based immigration
Suppose you are a US citizen or permanent resident. In that case, you may be able to sponsor your immediate relatives or close family members to immigrate to the US through a family-sponsored immigration process.
Family based immigration laws allow specific groups to be eligible for permanent residence and apply for family immigrant visas. There are multiple family based immigration visa categories. Your family relation to a US citizen or US permanent resident will dictate which category you fall in. US citizens can sponsor family members, including a spouse, child, parents, and siblings. US Permanent residents can sponsor a spouse and children. Unfortunately, only US citizens can bring their siblings to the USA. In addition, neither U.S. citizens nor lawful permanent residents may sponsor an aunt, uncle, cousin, niece, nephew, in-laws, or grandparents.
The following are four main family preference categories:
- Immediate relatives of US citizens
- Other close family members of US citizens or Permanent Residents
- Spouses and unmarried sons and daughters of Permanent Residents
- Accompanying relatives of someone in a preference category
Immediate Relatives of US Citizens are the following individuals:
- Spouse of a US citizen
- Widow or widower of US citizen if the process had already been started or is started within 2 years of US citizen’scitizen’s death
- Unmarried child of a US citizen under the age of 21
- Parents of US citizens (the sponsoring US citizen child must be at least 21)
- Stepparents and stepchildren qualify as immediate relatives if the marriage that created a parent/child relationship occurred before the child’schild’s 18th birthday
- Parents and children related through adoption (special rules apply)
For more information on how to proceed with visas for family members or any questions relating to family immigration, contact our family immigration attorney.
Who is a “Spouse”?
Heterosexual couples who are legally married and have a bona fide marriage relationship are considered spouses. A marriage is deemed to be bona fide or good faith under immigration laws when the couple gets married not to obtain immigration benefits.
Same-Sex and Transgender Spouses:
Since June 2013, USCIS has been approving visa petitions for same-sex spouses, using the same criteria as for heterosexual couples. One important note is that the USCIS looks at the country’s law where the marriage took place – the marriage must be legal there. Therefore, if you are considering getting married in a country that does not legally recognize same-sex marriage, you would not have a valid marriage and a spousal relationship for the purposes of the immigration law.
Transgender couples should also be able to go forward as same-sex couples if they were married in places where same-sex couples can legally marry.
Who is a “Child”?
For family based immigration law, to be a “child,” a person must be two things: (1) the person must be under the age of 21 and (2) must be unmarried. So, for example, a married 18-year-old daughter will not be considered a child for family immigration. But an 18-year-old daughter who is NOT married will be regarded as a child by immigration law.
Biological children born in wedlock are considered “children” of their biological parents under the immigration laws. However, other children, such as stepchildren, adopted children, adopted orphans, and children born out of wedlock, may qualify. These other children have to meet additional requirements.
Widows and Widowers
A widow or widower of a US citizen, who was not legally separated from the US citizen at the time of his/her death, will continue to be considered an immediate relative for two years after the US citizen’s death or until the time he or she remarries, whichever comes first. If you are seeking permanent residency as a widow or winder of a US citizen and would like assistance with your family-based case, contact a family green card DC immigration attorney for a consultation.
Other close family members of US Citizens and Permanent Residents (listed in order of preference categories):
- Unmarried sons and daughters of US citizens over the age of 21. (Category: Family first preference – F1)
- Spouse and unmarried children (under the age of 21) of Permanent Residents. (Category: Family second preference – F2A)
- Unmarried adult sons and daughters of Permanent Residents, who are 21 years or older. (Category: Family second preference – F2B)
- Married sons and daughters of US citizens of any age. (Category: Family third preference – F3)
- Sisters and brothers of US citizens, where the US citizen is at least 21 years old. (Category: Family fourth preference – F4)
Under the preference category, “son” or “daughter” is someone who is over the age of 21 or married.
For more information on how to seek family sponsorship to USA, family preference immigrant visas, the timelines associated with preference relatives, and government filing fees, contact our family immigration attorney for a consultation.
What is a family based green card
A USA family based green card is an immigrant visa for family members of US citizens and US permanent residents that permits them to move to the United States permanently.
Obtaining a Green Card through family means that the applicant will be able to live permanently in the United States. They can live in any state, study, and work for a US employer without time limitations. Later on, they may even apply for US citizenship.
Family based visa availability
Family based visa availability (visa for relatives) is determined by multiple factors, including the per-country green card quota, person’s priority date, and a person’s place on the waiting list.
There are annual limits on the number of visas available or family-based green card quotas, depending on the type of Family Based Green Card you qualify for. Therefore, usually, there is a waiting list for visas to immigrate in family-based preference categories. In addition, longer waiting lists within each preference category may exist for immigrants from certain countries due to per-country limits.
A person’s place on the waiting list is determined by their “priority date,” which is the date they took the first step and filed family based immigration papers with USCIS. In other words, the priority date is the date when the family based immigrant visa petition was filed. The Priority Date must be current for the immigrant visa to be issued. Anyone can track priority dates on the Visa Bulletin, which is available to the public.
How to bring a family member to the US
To bring family to the United States and request a visa for a family member, the family immigration process consists of 2 steps. The first step is a petition for a family member with USCIS. The second step is applying to become a permanent resident through an Adjustment of Status or Immigrant Visa application at a consulate abroad.
Step #1: The Petition for a Family Member – USCIS Form I-130 Petition for Alien Relative
For a person to immigrate to the US through a US citizen or US permanent resident relative, the US-based relative must prove to the USCIS that there is a required relationship. The US relative is called the “petitioner,” and the foreign relative is called the “beneficiary.”
The immigration form that begins the process of immigration of a family member is filed by the US relative and is called the Petition for Alien Relative, Form I-130. The I-130 USCIS family based petition is filed with US Citizeship and Immigration Services.
Marriage-based petitons also require a filing of an I-130A petition.
Generally, the petitioner can prove the required relationship with the beneficiary by submitting documents such as a birth and marriage certificate. However, some cases might be more complex and require the submission of various documents.
Therefore, it is essential to review the Form I-130 instructions to ensure you are submitting all necessary documents. If you are unsure how to proceed or would like assistance from the family immigration attorney, please do not hesitate to contact our DC family immigration attorney.
When the family-based petition, Form I-130, is filed with USCIS, the beneficiary is placed into the preference category based on the relationship between the petitioner and beneficiary.
For example, a spouse of a US permanent resident falls under the category referred to as F2A or second preference. Furthermore, the filing date of Form I-130 is also the Priority Date, which will be listed in the USCIS receipt notice. By knowing the priority date, you will be able to track the visa availability on the Visa Bulletin if the priority date is not current.
The average time USCIS takes to process the I-130 petitions is approximately 6 to 12 months.
Step #2: Application for an Immigrant Visa or “Green Card”
Once the foreign relative’s I-130 petition is processed and approved, he or she can apply to immigrate. Some people call this process becoming a lawful permanent resident, or immigrating, getting an immigrant visa or a green card. Basically, all these terms mean the same thing – “getting a green card.”
How soon the beneficiary can apply for the green card depends on what preference category they fit in. For example, spouses, parents, and unmarried children of US citizens are considered “immediate relatives,” and the immigrant visa is usually always available to them. Therefore, they don’t have to wait in line to apply for a green card. Other relatives, such as married sons/daughters and siblings of US citizens, have to wait in line until an immigrant visa number becomes available to them. For more information on how to proceed with seeking immigration for US citizens’ or permanent residents’ relatives, the timelines associated with the process, as well as the fees, our DC family immigration attorney would be glad to answer your questions during a consultation.
Adjustment of Status v Consular Processing:
When the immigrant visa number is available, individuals can immigrate either by applying for an immigrant visa abroad through “consular processing” or by applying for “adjustment of status” if they are already present in the US. Both processes involve various considerations, requirements, and time limits. For these reasons, it is important to consult with a DC family immigration attorney to discuss what option would work best for you.
Family Chain Migration
The terms “chain migration” and “family reunification” represent the legal process for family reunification and bringing family of U.S. citizens and Lawful Permanent Residents to the US.
According to the Immigration and Nationality Act (INA), U.S. citizens and Lawful Permanent Residents may petition to sponsor qualifying relatives to bring family to US. If the sponsor can establish the proper family relationship and has enough assets to support that person, their family members will be eligible to receive Lawful Permanent Residence status.
Once eligible, the qualifying relative, if an immigrant visa is not immediately available to them as discussed above, will then be placed on a waitlist. The family-based visa allocations noted in the INA limit the number of immigrant visas available per year. Once the family member reaches the front of the line and is taken off the waitlist, they still must apply for an immigrant visa and pass a background check.
As a reminder, there are limits on the type of relatives a U.S. citizen or lawful permanent resident can sponsor. A U.S. citizen may file a family based petition for a spouse and married or unmarried children. Furthermore, a U.S. citizen that is at least 21 years old may also petition for parents and siblings (brothers or sisters). Permanent residents may file a petition for a spouse and unmarried children of any age, but they cannot sponsor their parents, siblings, or married sons or daughters.
Whether or not a family member is subject to a waitlist, and therefore the annual visa quota, is determined by the legal status of the U.S. sponsor and the familial connection to the U.S. sponsor. If the U.S. sponsor is a U.S. citizen and the relative is a spouse, unmarried child under the age of 21, or parent, the relative is not subject to a visa quota and may apply for an immigrant visa or adjustment of status as soon as their familial relationship to the U.S. sponsor is proven to USCIS. All other relatives of U.S. citizens and Lawful Permanent Residents must wait in line and are subject to numerical visa caps and preference categories listed in section 203 of the INA. Furthermore, for Lawful Permanent Residents, there is no the same exception for immediate relatives as for the U.S. citizens, and all their relatives must wait in line until their priority date comes up.
Please note that for the last few years, the F2A category has been current for all countries. That means that immigrant visas have been immediately available to persons in the F2A category.
A US citizen can bring their siblings to the USA as Permanent Residents. The brothers and sisters of U.S. citizens fall into the fourth family-sponsored preference category. The U.S. citizen must be at least 21 years old to sponsor their sibling.
It is important to note that the spouse and minor childer of the sibling can immigrate with them. For example, a 35-year-old brother of a U.S. citizen is married and has two minor children. His spouse and minor children can immigrate with him as well.
There is a waitlist for visas in this category regardless of the immigrant’s country. Siblings of U.S. citizens should anticipate waiting 10 years or more, depending on their country.
Sponsor family members for citizenship
Individuals can bring their family to the U.S. and assist them with obtaining a family-based green card. However, one cannot sponsor a family member for citizenship. Once the foreign national becomes a U.S. permanent resident, they may become a U.S. citizen through naturalization.
An individual whose permanent residence is not based on a marriage to a U.S. citizen is eligible to become a U.S. citizen no earlier than five years after they have become a U.S. lawful permanent resident. An individual whose permanent residence is based on marriage and remains married at the time of the naturalization application is eligible to become a U.S. citizen no earlier than three years of obtaining their U.S. residence. However, the applicant must first meet the physical presence and continuous residence requirements before they can begin to naturalize.
While applicants for naturalization have first to meet the 3-year or 5-year residence requirement as mentioned above, applicants are also required to demonstrate physical presence in the united states for at least 18 months (for marriage-based cases) or 30 months (for all other cases) before applying for naturalization. A departure of less than 6 months normally will not break residence, while a departure for more than 6 months and less than one year will normally break the continuous residence requirement unless adequately explained.
Conditional Residence
When an individual obtains a green card through marriage and has been married for less than 2 years at the time of the green card interview, then conditions are placed on their permanent residence. This is called “conditional permanent residence.”
Generally, at a two-year mark of permanent residence, the condition needs to be removed where both spouses file the joint petition I-751 with USCIS.
The conditional residence is much like a permanent residence, but it expires in 2 years. Therefore, the couple has to file the petition within 90 days before the expiration date, to turn the conditional residence into permanent residence.
Family immigration lawyer
Victoria Kuzmina, a family-based immigration lawyer, is dedicated to assisting families with their immigration needs. We will gladly accommodate family-based immigration clients from all 50 states and worldwide. Our family immigration attorney provides legal representation on various family immigration issues and is dedicated to providing her clients the best possible service. Whether you would like to sponsor your family member for a green card, bring family to US, have specific questions about your immigration matter, or seek legal representation, please contact our office to schedule a consultation with our family based immigration attorney Kuzmina.
The Law Offices of Victoria V. Kuzmina provide US Immigration services to clients in 50 states and worldwide. If you need help or have questions about an immigration matter, please contact us by phone or email to set up a consultation with our immigration attorney.