Family Petition Visa: How to Bring Your Loved Ones to the US
- sacredheartimmigra
- Jan 2, 2024
- 2 min read
The family petition process in the United States allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for lawful immigration to the U.S. There are different categories of family-based visas, each with specific eligibility criteria and procedures. Here's an overview of the process:
Determining Eligibility:
Sponsorship Categories: There are two main categories for family-based immigration: Immediate Relative Immigrant Visas (for close family members of U.S. citizens) and Family Preference Immigrant Visas (for more distant relatives of U.S. citizens and certain relatives of lawful permanent residents).
Immediate Relatives: Immediate relatives include spouses, unmarried children under 21 years old, and parents (if the sponsor is 21 years old or older) of U.S. citizens. There is no numerical limit on the number of visas available for immediate relatives.
Family Preference Categories: These categories include unmarried sons and daughters over 21 years old of U.S. citizens (F1), spouses and unmarried children of lawful permanent residents (F2A), unmarried sons and daughters of lawful permanent residents (F2B), married sons and daughters of U.S. citizens (F3), and siblings of adult U.S. citizens (F4). Family preference categories have annual numerical limits, which can result in waiting periods.
Filing the Petition (Form I-130):
The U.S. citizen or lawful permanent resident sponsor initiates the process by filing Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS).
The form requires details about the sponsor, the intended beneficiary, the relationship between the sponsor and beneficiary, and other relevant information. Supporting documents proving the relationship (e.g., birth certificates, marriage certificates, etc.) must also be submitted.
Processing by USCIS:
USCIS reviews the petition to verify the eligibility of the relationship and ensure all necessary documentation is provided. If additional evidence is required, USCIS may issue a Request for Evidence (RFE).
Once approved, USCIS notifies the sponsor and transfers the approved petition to the National Visa Center (NVC) if the beneficiary is outside the United States or to a USCIS field office if the beneficiary is in the U.S.
Consular Processing or Adjustment of Status:
For beneficiaries outside the U.S.: The case is forwarded to the U.S. consulate or embassy in the beneficiary's home country. The beneficiary undergoes consular processing, attends an interview, and completes additional steps to obtain an immigrant visa.
For beneficiaries in the U.S.: If the beneficiary is eligible to adjust status to a lawful permanent resident (green card holder) while in the U.S., they may file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
Visa Issuance or Adjustment of Status:
Upon approval, beneficiaries will receive an immigrant visa at the consulate or embassy abroad, allowing them to enter the U.S. as lawful permanent residents.
If the beneficiary adjusts status in the U.S., they receive a green card through the mail.
The family petition process involves various steps and timelines that can vary depending on the specific family relationship, visa category, country of origin, and other factors. It's advisable to consult with an experienced immigration attorney or seek guidance from USCIS for accurate information and assistance throughout the process.
