Learning immigration law can often feel trying to solve a complicated jigsaw puzzle, especially when the goal is to bring beloved family members to the United States. From understanding eligibility criteria to deciphering all the forms and procedures, the process can be overwhelming. In this article, we’ll provide a clear roadmap, breaking down the steps involved in petitioning to bring your family over to the U.S. Despite the initial confusion, with the right guidance and knowledge, you can navigate the immigration journey with confidence and clarity.
Petitioning to Bring Family to the U.S.
If you are a U.S. citizen or lawful permanent resident (green card holder) petitioning to bring certain family members to the United States, you would typically follow these general guidelines:
Determine Eligibility: Understand which family members you can petition for based on your immigration status. U.S. citizens can generally petition for spouses, parents, siblings, and children (including married and unmarried), while green card holders can typically petition for spouses and unmarried children.
Determining eligibility for family-based immigration to the U.S. involves assessing whether both the petitioner and beneficiary meet requirements set by immigration laws. Factors include the relationship between petitioner and beneficiary, petitioner’s legal status, financial ability to support the beneficiary, health, character, admissibility, and compliance with immigration laws. There are several different visa types for family-based immigration: immediate relative visas: IR1, CR1, IR2, IR5, family preference visas: F1, F3, F4, F2A, F2B.
Consulting with an immigration attorney is crucial to navigate these complexities and increase the chances of a successful petition.
File Form I-130: Complete and submit Form I-130, Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and the family member you wish to sponsor.
Provide Supporting Documents: Along with Form I-130, you will need to submit supporting documents, such as birth certificates, marriage certificates, proof of citizenship or lawful permanent residency, and evidence of the familial relationship. Completing and submitting the application forms accurately and in a timely manner is crucial. Any errors or omissions can lead to delays or even denials of the petition.
Pay Fees: Pay the required filing fee for Form I-130. The fee amount may vary and is subject to change, so check the USCIS website for the most up-to-date information.
Wait for Processing: USCIS will process your petition and may request additional evidence or documentation if necessary. Processing times can vary depending on factors such as the volume of petitions and the category of the family relationship.
Approval or Denial: If your petition is approved, USCIS will notify you and forward the approved petition to the National Visa Center (NVC) for further processing. If your petition is denied, USCIS will provide reasons for the denial, and you may have the option to appeal the decision.
Visa Application: Once the NVC receives the approved petition, they will notify the beneficiary (the family member you are sponsoring) and provide instructions for applying for an immigrant visa or adjusting status, depending on their location and immigration status.
Attend Interviews and Medical Examinations: The beneficiary will be required to attend an interview at a U.S. embassy or consulate abroad (if applying for an immigrant visa) and undergo a medical examination. Prepare thoroughly for interviews with immigration officials. Practice answering questions about your relationship with your family member, your eligibility, and your intentions in the U.S. The medical exam involves a comprehensive physical examination, vaccination review, tuberculosis screening, serologic testing for certain diseases, mental health evaluation, and review of medical history.
Receive Visa or Adjustment of Status: If the visa application is approved, the beneficiary will receive an immigrant visa or be granted adjustment of status to lawful permanent resident status in the United States.
Entry to the U.S.: Once the immigrant visa or adjustment of status is granted, the beneficiary can enter the United States and become a lawful permanent resident.
How Long Can It Take?
Petitioning to bring a family member to the United States can be a lengthy process. The duration can vary depending on factors such as the type of family relationship, the immigration category, the country of origin of the beneficiary, and the backlog of applications at U.S. Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC).
It’s important for petitioners and beneficiaries to be patient and prepared for potential delays throughout the immigration process. Seeking assistance from an experienced immigration attorney can help navigate the complexities of the process and potentially expedite certain steps.
Immigration Attorney of Los Angeles and Ventura Counties
While immigration can present numerous challenges when faced alone, you don’t have to navigate this complex journey solo. Our team of experienced immigration attorneys is here to provide guidance, support, and expertise every step of the way. From deciphering eligibility requirements to preparing and submitting petitions, we’re committed to helping you achieve your goal of bringing your family to the United States. With our knowledge and dedication, we strive to make the immigration process as smooth and stress-free as possible, ensuring that you and your loved ones can reunite and build a brighter future together. Don’t hesitate to reach out—we’re here to help you navigate the intricacies of immigration law with confidence and peace of mind.
Lead attorney, Saam Borhani, has been rated a “Rising Star” attorney for multiple years. Contact him now for a free consultation: (818) 359.6306
Sources:
Usa.gov
uscis.gov
Openai.com
