Family-Based Immigration
Immigration law is a complicated and delicate set of legal regulations, accompanied by a myriad of manuals and administrative memoranda. It is a maze that is difficult to navigate, especially for those who do not have experience in this area of law. The part of immigration law that concerns family immigration isn’t any different. This is especially true because the complex nature of immigration law increases as political pressures, administrative changes, and availability evolve.
The importance of family has long been a pillar of American society. This is evident in the history of the country, the beliefs by which the Founding Fathers established the Constitution, and the political philosophy reflected in the actions of the U.S. Congress. Bringing families together is considered, in the eyes of Congress, as one of the most significant elements of immigration law. As a result, members of a family who are U.S. Citizens (USCs) and Legal Permanent Residents (LPRs) have certain privileges within the U.S. immigration system. The privileges are divided into the following categories:
- First preference (F1): Unmarried sons and daughters (21 years of age and older) of U.S. citizens.
- Second preference (F2A): Spouses and children (unmarried and under 21 years of age) of lawful permanent residents.
- Second preference (F2B): Unmarried sons and daughters (21 years of age and older) of lawful permanent residents.
- Third preference (F3): Married sons and daughters of U.S. citizens.
- Fourth preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
General Procedures
In cases where the beneficiary is applying through a direct relative high in the preference category list, applicants who are United States citizens or lawful permanent residents must first fill out the I-130 Application to apply for the Alien Relative category at the Bureau of U.S. Citizenship & Immigration Services (USCIS). This form must be accompanied by documentation of the applicant’s U.S. immigration status and evidence of the connection between the applicant and the beneficiary. The petitioner, a U.S. citizen or lawful permanent resident, must demonstrate that they can provide for their relative at a rate of at least 125% above the poverty threshold. If they are unable to prove this, a joint sponsor or consideration of their assets may be required.
Once approval of the I-130 Application is received, the Department of State will decide whether an immigrant visa is available to the applicant. Immigrant visas are generally available to people in the immediate family category. However, those in the preference categories can apply for an immigrant visa when a visa number becomes available.
If the applicant resides in the United States, they may be eligible to file the I-485 Application to register as a permanent resident or adjust their status at USCIS. If the applicant is outside the U.S., the immigration visa petition will typically be forwarded to the U.S. Consulate in the applicant’s country of residency or citizenship at the time of I-130 submission. In the case of an immediate relative petition, the consulate will not issue a visa until one becomes available, determined by the priority date on the I-130 Approval Notice (USCIS Form I-797).
Find Assistance
If you need assistance with family-based immigration, our team of experts at Kamal Law Firm is here to help. Our immigration firm is committed to providing strategic and dedicated advocacy to those seeking a life in the United States. We will guide you through the process to ensure the highest possible success rate.
