Family-Based Immigration: The Process and Its Benefits

Family-based immigration is a process where a relative of a U.S. citizen or green card holder can obtain a visa to live in the United States. In this article, we will explore two types of family-based visas and the process for obtaining them.

What is a Family-Based Visa?

A family-based visa allows a relative of a U.S. citizen or green card holder to live in the United States.

  • A U.S. citizen’s immediate family members are eligible for an immediate relative visa. Unlike family preference visas, these do not have an annual restriction.
  • A U.S. citizen’s more distant relatives and certain relatives of a Lawful Permanent Resident (LPR) are eligible for a family preference visa. The availability of this type of visa is capped annually based on the relationship the immigrant has with the permanent resident.

The Requirements for Family-Based Visas

The requirements for family-based visas vary depending on the type of visa involved. However, some general conditions apply to all family-based visas, including:

  • The applicant must be related to a U.S. citizen or green card holder in one of the following ways: spouse, parent, child (biological or adopted), or sibling.
  • The applicant must have adequate support while in the country and won’t have to rely on aid from a U.S. government agency (this requirement may vary depending on visa type).
  • Many applicants must undergo a medical examination and receive vaccinations required by law.
  • The applicant must have no criminal record or only minor criminal offenses that do not disqualify them from obtaining a visa.
  • The applicant must show strong ties to their home country (e.g., they have significant family ties, property, employment in their home country, etc.).

How to Apply for A Family-Based Visa

Again, applying for a family-based visa can vary based on the type of visa. However, the process generally begins with the U.S. sponsor filing Form I-130 with USCIS. The paperwork must be supplemented by documentation verifying the sponsor’s citizenship or residence status and documentation showing the immigrant’s link to the sponsor.

USCIS will determine whether to approve or refuse the petition once it has completed its review. The National Visa Center will process the case if USCIS approves the petition.

What Are Some Benefits of Family-Based Immigration?

Among its many benefits, family-based immigration supports family unity and individual well-being. It helps secure beneficial economic outcomes and promotes families’ favorable impact on society. Furthermore, family-based immigration mirrors America’s immigrant history and the welcoming culture of the nation.

Contact Tourzani Law Group, LLC for Information About Family-Based Immigration

Family-based immigration procedures can be complex, and time is of the essence. Each case is unique, and the process with USCIS can be lengthy. Contact the experienced immigration attorneys at Tourzani Law Group, LLC as soon as possible to discuss any concerns you may have about family-based immigration. Call Tourzani Law Group, LLC at (201) 987-0036 today to schedule a consultation.

Tourzani & Long, LLC—we proudly target New York.

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