USA Family-Based Immigration

Eligibility Criteria

• Sponsor’s Status: The sponsor must be a U.S. citizen or lawful permanent resident.
• Qualifying Relationship: There must be a qualifying family relationship between the sponsor and the beneficiary.
• Affidavit of Support: The sponsor must submit an Affidavit of Support (Form I-864) to demonstrate they can financially support the beneficiary.
• Beneficiary’s Eligibility: The beneficiary must meet all eligibility requirements, including passing background checks, medical examinations, and demonstrating admissibility to the U.S.

Required Documents

• Petition Forms: Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for Spouse Beneficiary) if applicable.
• Proof of Relationship: Birth certificates, marriage certificates, and other documents proving the relationship.
• Sponsor’s Proof of Status: Copy of the sponsor’s U.S. passport, birth certificate, or green card.
• Affidavit of Support: Form I-864 and financial documents showing the sponsor’s ability to support the beneficiary.
• Beneficiary’s Documents: Passport, birth certificate, and other identification documents.
• Medical Examination and Vaccination Records: Conducted by an authorized physician.
• Police Clearance Certificates: From any country where the beneficiary has lived for more than six months.

Application Process

1. File Form I-130: The U.S. citizen or LPR sponsor files Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
2. USCIS Processing: USCIS reviews the petition and sends a receipt notice (Form I-797). If approved, USCIS forwards the petition to the National Visa Center (NVC).
3. NVC Processing: The NVC processes the case, assigns a visa number (for preference categories), and requests additional documents and fees.
4. Visa Application: The beneficiary files Form DS-260 (Online Immigrant Visa Application) and attends a visa interview at the U.S. embassy or consulate in their home country.
5. Medical Examination: The beneficiary undergoes a medical examination by an authorized physician.
6. Visa Decision: The consular officer makes a decision on the visa application.
7. Travel to the U.S.: If approved, the beneficiary receives an immigrant visa in their passport and can travel to the U.S. Upon arrival, they become a lawful permanent resident.
8. Receive Green Card: The beneficiary receives the green card in the mail a few weeks after arriving in the U.S.

Cost

Processing Time

• Immediate Relatives: Typically 6-12 months.
• Family Preference Categories: Varies significantly by category and country, ranging from a few months to over 20 years.

Key Points to Remember

• No Quotas for Immediate Relatives: Immediate relatives of U.S. citizens are not subject to numerical limits, leading to shorter processing times.
• Preference Categories: Family preference categories are subject to annual limits, often resulting in long waiting times.
• Financial Support Requirement: Sponsors must demonstrate the ability to support their relatives financially.
• Comprehensive Documentation: Thoroughly prepare and submit all required documentation to avoid delays.

Conclusion

Family-based immigration is a fundamental way to bring families together in the United States. Understanding the categories, eligibility criteria, required documentation, and application process is crucial for a successful application. Whether reuniting with a spouse, parent, child, or sibling, this pathway offers a means to secure permanent residency and eventually, citizenship in the U.S.

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