What Is Family-Based Immigration?

Immigration law can be complicated and intimidating. To better understand this legal process, it is important to first consider the various avenues of immigration. For instance, family-based immigration permits individuals to immigrate due to their relationship with a U.S. citizen or permanent resident.

Family-Based Immigration

Family-based immigration serves to reunite families separated by borders and political boundaries. It allows eligible family members who are citizens or permanent residents of the United States to sponsor their close relatives.

This process generally begins with an application for an immigrant visa that must be completed by the U.S.-based family member. Once approved, the sponsored relative will receive an immigrant visa that grants them legal entry into the United States. They may then apply for lawful permanent resident (LPR) status and pursue citizenship thereafter.

How Family-Based Immigration Works

The first step in the process is for the U.S. citizen or LPR to file a family visa petition on behalf of the family member they would like to sponsor (Form I-130). This individual must have a qualifying relationship with their sponsored family member.

Once approved by USCIS, the sponsored family member must then wait for their priority date—the date when their visa becomes available—before they can legally enter the country. Then, they may move forward with applying for LPR status in the United States (Form I-485). Depending on their priority date and visa availability, this process can take anywhere from several months to years to complete.

The U.S.-based sponsor must meet certain requirements to qualify as a petitioner for family-based immigration. They must be either a U.S citizen or LPR, be at least 21 years old, and have enough financial resources to support their relative in case of need. This means they must earn 125% of “poverty level” income for their household size to prove sufficient financial stability.

If either party (the sponsor or relative) has a criminal history, then this could jeopardize a successful application due to security concerns associated with illegal activities and foreign travel or immigration status.

In addition, there are certain restrictions on who qualifies as an immediate relative under family-based immigration law—namely spouses and children under 21 years old—and other special considerations that may apply depending on your situation (such as stepchildren and adopted children).

Who Can Apply?

To be eligible for family-based immigration, an applicant must have a qualifying relationship with a U.S. citizen or LPR. An applicant may also need to obtain a visa from their home country or undergo medical exams and background checks prior to admission into the United States.

Qualifying relationships include fiancés and immediate relatives (spouses, children under 21 years old, or parents over 21 years old). They also include preference category relationships such as unmarried adult sons or daughters. Sponsors may also adopt an orphaned child from abroad who qualifies as a son or daughter under U.S. immigration law.

Furthermore, certain individuals may also be required by law to obtain a waiver of inadmissibility prior to entering the U.S. if they have certain criminal convictions. There may be other grounds that make them ineligible for admission depending on their circumstances at the time of filing their application.

Ask Us about Family-Based Immigration

Family-based immigration offers countless people around the world an opportunity to legally join their loved ones here in America. It is important that anyone considering this avenue understands all aspects of the process so they can make informed decisions about whether this type of visa is right for them or their family members.

We are passionate about helping good people and their families achieve the American Dream. Simplifying the family-based immigration process is our specialty, and we’d be honored to support you and your loved ones. If you have any questions about this process or how to get started, then we encourage you to give us a call or contact us online today.