Family-Based Immigration in the U.S- Sponsorship & Visa

All over the globe thousands of families dream that one day they could unite with their families in the United States, but the immigration laws seem outrageous. Whether you want to bring a spouse, parent or child to the United States, family-based immigration offers pathways — and pitfalls.

However, when you look at the visa categories to sponsorship requirements to complex processing times, it can all be overwhelming.

But don’t worry! This guide will cover all the forms of family-based immigration and tips to navigate the process as you work to bring your family closer to the American dream.

What are the modes of Family-Based Immigration?

The Family-based immigration has two major categories:

Regular Immediate Relative Immigrant Visas (IR)

These include the immediate relatives of U.S. citizens and do not have annual limits on visas issued. Immediate relatives generally include spouses, unmarried children under 21 and parents of U.S. citizens (you must be at least 21 years old to sponsor their parents).

Family Preference Immigrant Visas (F)

For other family members not categorized as an “immediate relative.” This category annually has caps on the numbers, and the visa is issued based on priority based on the family relationship. That covers unmarried adult children (age 21 or older) of U.S. citizens, married children of U.S. citizens, siblings of U.S. citizens and certain family members of lawful permanent residents.

Family-based immigration allows family members who were living abroad to join their family members in the U.S. and so serves the double purpose of reuniting families and helping certain individuals take an important step toward a better life.

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Who can be a Sponsor for Family Based Immigration?

A family member who wants to sponsor the petition needs to be a U.S. citizen or a lawful permanent resident. The U.S. citizens have the widest eligibility for family member sponsorship.

U.S Citizens can petition the following family members:

• Spouses of U.S. citizens
• Children under 21 (unmarried)
• Parents (if citizen is 21 or older)
• Brothers and sisters (when the citizen is 21 or older)

To be a sponsor, a U.S. citizen must:

• Be at least 18 years of age: You must be able to apply your family member.
• Prove U.S. citizenship: The sponsor will need to furnish proof of U.S. citizenship (like a U.S. passport or birth certificate).
• Have the income. The sponsor needs to show they have the income or assets to support the family member they are sponsoring. Generally, it is 125% of the Federal Poverty Guidelines for their household size. If that is not possible, they may need to find a joint sponsor (another person who is willing to take on financial responsibility).

Lawful Permanent Residents

Lawful permanent residents (green card holders) can only sponsor select family members, and they have even less ability to do so than U.S. citizens. Permanent residents can petition for the following family members:

• Spouses
• Children below the age of 21 and unmarried

Permanent residents CANNOT sponsor their parents or siblings.

The requirements for a permanent resident to sponsor are-

• Proof of lawful permanent residency status of the sponsor
• A green card showing status as a lawful permanent resident or
• Show an immigrant visa stamp in a passport.
• Documents showing your financial responsibility and Affidavit of Support

Immediate Relatives vs. Family Preference Visas

The U.S. government divides eligible family members for family-based immigration into two main categories of eligible visas: Immediate Relative Immigrant Visas and Family Preference Immigrant Visas. These categories also determine which family members are eligible to join them and the order in which applications will be processed. Here’s a breakdown of each:

IR (Immediate Relative Immigrant Visas)

This category is exclusively for the immediate family members of U.S. citizens, and there are no annual caps on the number of visas issued, making the process faster and less competitive.

• U.S. citizens’ spouses: A U.S. citizen can petition a spouse for a green card, and this process is available on a priority basis.
• Unmarried children under 21 of U.S. citizens: This includes biological children but is also for adoption so long as the adoption was before the child turned 16. The child must be unmarried and under 21.
• Parents of U.S. citizens: A U.S. citizen over the age of 21 can petition for their parents to receive a green card.

Seeing as there is no cap on the number of immediate relative visas issued in any given year, these applications generally take less time to process than those in the family preference category.

Family Preference Immigrant Visas (F)

This category is for more distant family relationships than spouses and children and is capped by a number every year, meaning there are a limited number of visas available each year. In the family preference category, applicants in this category often face long wait times due to backlogs, most notably for those from demand countries (Mexico, the Philippines, and India).

Familial preference categories are:

• F1: Sons and daughters (unmarried) of U.S. citizens: This category is for adult children who are unmarried. They could be waiting several years for a visa to become available.
• F2A: Spouses and children (under 21) of lawful permanent residents (green card holders): This group has somewhat shorter wait times (but still with visa caps.)
• F2B: Unmarried sons and daughters (21 and older) of lawful permanent residents: Like F1, this category can involve long waits, depending on who’s applying and their country of origin.
• F3: Married U.S. citizen sons and daughters: (Children married and over the age of 21.) Because of demand, the wait can be much longer.
• F4: Brothers and sisters of U.S. citizens: Americans age 21 and older can sponsor their brothers and sisters, but this category usually has the longest wait times.

Family preference is meant to prioritize arrangements closer to home without cutting off opportunities for extended family members to reunite. But because of the visa caps, applicants in these categories can wait years to immigrate.

How to Apply for a Green Card Based on Family: A Step-By-Step Guide

Since the family-based green card application process has multiple steps, the general process can be the same for people applying abroad to the U.S. and people applying from the inside the U.S., but there are differences. The steps are-

Step 1: Determine Eligibility

Before getting started with the application process, make sure that both the sponsor (the U.S. citizen or lawful permanent resident) and beneficiary (the relative being sponsored) meet specific eligibility requirements. A sponsor also must be at least 18 years old and will have to meet income criteria to prove that they have the financial means to support the relative.

The person being sponsored must also be eligible to immigrate — that is, not have a disqualifying criminal record or immigration violations.

Step 2: File the I-130 Petition for Alien Relative

It begins with the sponsor filing Form I-130 (Petition for Alien Relative). This information substantiates the family relationship between the sponsor and the beneficiary.

Required documents-

• Marriage certificate (for a spouse)
• Birth certificates (for children), or
• Other documentation.

U.S. citizens who are sponsoring parents must show proof of citizenship (i.e., a birth certificate or U.S. passport).

Once the I-130 petition is submitted, US (U.S. Citizenship and Immigration Services) will approve or deny it. If it does, the process moves on.

Step 3: Wait for a Visa Number to Become Available (If Family Preference Visa)

The waiting times now for every family preference category and the country of origin, including info on who must wait and who is current, can be seen on the U.S. Department of State’s Visa Bulletin.

Immediate relatives (spouse, children under 21, parents) don’t need to wait for a visa number and can proceed to the next step immediately after I-130 is approved.

Step 4: I-485 Adjustment of Status Application (if in the U.S.)

If a beneficiary is eligible, they must file Form I-485 (Application to Register Permanent Residence or Adjust Status). Here, they seek to transition from temporary visa holder (in their situation as a spouse or child of a U.S. citizen) to that of a lawful permanent resident.

Application could include the submission of medical records, biometric data and an interview at a USCIS office if required.

Step 5: Consular Processing (if You Are Outside of the Country)

if the beneficiary is outside the U.S. This involves submitting their approved I-130 petition to the U.S. Department of State’s National Visa Center (NVC) which will ultimately schedule an interview at the U.S. embassy or consulate in their home country.

During the interview, they will also have to submit some additional documents (passport with visa stamp, police certificate, medical exam results, etc.). If the interview goes well, the beneficiary will be issued an immigrant visa to enter the U.S.

Step 6: Issuance of Green Card

Finally, once the applicant is in the U.S. (if processing from abroad, actual review is from abroad, or I-485 has been approved (if already in the U.S.), they will get their green card in the mail. A green card is a document that proves their status as a lawful permanent resident.

The whole process can take anywhere from several months to several years, depending on the visa category and if the applicant is currently in the U.S. or outside of it.

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How much Time does it take to complete a Family-Based Immigration?

With family-based immigration, processing times depend on a number of factors, including the family relationship, the kind of visa, the applicant’s country of origin and whether the applicant is adjusting status in the United States or applying through consular processing abroad. Some cases are resolved fairly quickly, but others drag on for years before being finally decided.

Immediate Relative Visas

These visas are not subject to annual caps on the number issued, and therefore tend to have a less lengthy processing time than family preference visas. For immediate relatives, the process can vary in length between 12-24 months, from beginning to end, depending on various circumstances.

Family Preference Visas

Some people applying under the F1 or F3 categories (unmarried adult children or married adult children of U.S. citizens) may wait multiple years before a visa number is available. For applicants from countries in greatest demand, such as Mexico, India and the Philippines, the wait can be even longer.

Other factors that may affect time for family based immigration

Country of Origin

Each year, the U.S. sets aside a certain number of family-­based green cards for each country. But countries with large immigrant populations — like Mexico and India — tend to have longer wait times because of higher demand for visas. People from those countries may face delays in receiving a visa number, which can lengthen the overall processing time.

Application Location

Adjustment of Status (AOS)

If the beneficiary is currently in the U.S. and qualified to adjust status (for example, through Form I-485), the process typically takes about 8 months to 1 year. But this is subject to the service center, as well as details of the applicant’s case.

Consular Processing

The length of time for consular processing is 6 to 12 months depending on the country and the speed of the processing at the U.S. embassy or consulate if the beneficiary is in a foreign country.

USCIS Service Center

Processing times can vary greatly depending on which service center has taken ownership of the case. Others process applications more quickly than other service centers; however, the service center may not always be the deciding factor in timelines.

Security Checks and Background Checks

Time taken for background checks also affect processing times. For example, it would take longer to get a green card if there are security concerns or if the applicant has a complicated immigration history, he said.

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Common Challenges in Family-Based Immigration

Family-based immigration is a vital route for reuniting families; however, it has its challenges. Being aware of the challenges that may be present into the process can allow applicants to avoid them to a greater extent and have a clearer path without unnecessary rejections or delays.

Delayed Appointments and Visa Backlogs

For many applicants, one of the biggest hurdles is being in the family preference categories. Military bases, farms, small businesses, and other employers have all been impacted by long wait times (5 – 15 years in many cases). This is a problem for families from countries such as Mexico, India and the Philippines.

Solution:

Applicants can use the waiting period for documents by making sure they have been updated and all required both through information and legal status in the U.S. (if already living in the U.S.) or through looking at alternative options if applicable (e.g. for student they can apply for student visa, work visa etc.).

Submitting Wrong or Incorrect Documents

The family-based immigration process is heavy on documentation, and filing the wrong forms or omitting key information can stall the entire process. Other documents include established family ties (marriage certificates, birth certificates), financial documents (Affidavit of Support) and immigration history.

Solution

Check all the USCIS guidelines to confirm if all the forms you fill in are complete and accurate. You can also talk to an immigration attorney, who might help you to arrange all of the needed documents. And even minor errors or omissions can lead to delays.

A Request for Evidence (RFE)

An RFE is issued when USCIS needs more information or documentation to process the petition. This is likely to happen if USCIS detects inconsistencies or if some of the supporting documents are missing. RFEs may slow the process and add more stress.

Solution

A timely response to an RFE is key. Provide the requested documents or clarification within the deadline provided by USCIS. If in doubt, search for legal professional help to establish the answer is extensive and to fulfill.

Denials and Rejections

Applications for family-based green cards are rarely denied. Denials could also occur due to criminal matters, misrepresentation or a failure to qualify. A denial of a green card petition can be absolutely devastating, particularly if the applicant has waited a long time.

Solution

Understand the reason behind a denial as the first step. In some instances, applicants can file an appeal or a motion to reopen the case. So be sure to consult a reputable immigration attorney who can guide you on the right course of action.

Public Charge Rule

The Public Charge Rule has complicated family-based green card cases in recent years. The intent behind this rule is to encourage independence from the government. Sponsors are required to prove they can financially support the beneficiary and that the beneficiary will not depend on public benefits.

Solution

The sponsors will be required to show the adequate income level and if they cannot do so, then they might need a joint sponsor in order to qualify for the immigration process. Knowing what those income thresholds are, and having all relevant financial documents to hand will prevent delays of your processing in this regard.

Medical Exam Delays

In addition, every family based green card applicant must have a medical exam when going through the immigration process. If you don’t get your medical records in time, or can’t find a doctor who is approved to do the exam soon enough, or even just can’t get it done, that can delay the process.

Solution

Applicants must book their medical exam earlier and make sure to use a USCIS-approved doctor Ensure timely submission of the exam results to prevent any potential delays.

Conclusion

Family-based immigration is still one of the most critical means of reuniting people with family members in the United States. Though the process can be complicated, a successful outcome of such process starts by understanding visa categories, documentation and processing timelines. Despite some bumps in the road, such as wait periods and paperwork issues, taking the initiative and asking for help can lead to an easier path forward.

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Frequently Asked Questions

References

• U.S Department of State
• USA.gov
• U.S Embassy and Consulate

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