After settling down in the U.S. you might start thinking about bringing your family to live together with you. However, helping your loved ones immigrate to the United States is a lengthy process. It is important that you know the system well and be prepared for the future.
Your immigration status
Before starting the immigration process for your immediate relatives, your own legal status takes priority. Federal law generally requires you to hold a valid legal status in the country, like having a green card or being a U.S. citizen.
If you are a green card holder, you are eligible to sponsor your spouses and unmarried children through the Family Preference (F2A) category. However, family-based visas are often subject to annual limits. As a result, there often is a backlog of applicants, despite your pre-approved paperwork.
Meanwhile, if you are a U.S. citizen, you can petition for certain qualifying family members, including your spouse, parents, unmarried children of any age and siblings. In order to sponsor for your sibling you have to be at least 21 years old.
The basics of family-based immigration
The pathway for bringing family members living outside the United States typically involves consular processing. The steps to follow when filing for your family’s immigration are:
- Filing Form I-130: This step starts the immigration process. You have to submit your citizenship status, marriage certificate and birth certificate for your children to the U.S. Citizenship and Immigration Services (USCIS).
- Waiting for USCIS to respond: The USCIS reviews your files to confirm your documents are legitimate. Once approved, your case goes to the National Visa Center (NVC).
- Submission of documents: In this step, you present your financial ability to support your family without government financial assistance. Your family seeking the visa may need to submit police certificates, civil documents and other required records.
- Interview with your family members at the U.S. embassy: Family members generally have to go through a medical examination before attending the visa interview at a U.S. embassy or consulate.
Once all the process is complete and the visa approved, eligible family members may travel legally to the U.S.
Your choice of legal representation
A family-based immigration may be your family’s only chance to come live with you in the U.S., who you trust to handle your application matters Working with a qualified professional might help you minimize errors, such as giving incomplete information or unknowingly working with an unauthorized “notario”.
Before working with an immigration attorney, consider checking their legal status to minimize issues with your application.
Securing your family’s future in the U.S. starts with knowing the requirements
Planning ahead can help you avoid any confusions about immigration and getting scammed. Consulting with trusted immigration attorneys can give you better insight about sponsoring your family.
