Petitions by Relatives
The U.S. immigration system offers many ways for U.S. citizens and permanent residents to sponsor immigration to the United States for their relatives. This is intended to reunite families. The ability to sponsor certain relatives will oftentimes depend on the immediacy of the relationship to the sponsor and whether the sponsor is a citizen or a permanent resident.
Premier Immigration Solutions understands how the relative-based immigration system operates and how the United States Citizenship and Immigration Services (USCIS) reviews applications and can assist you throughout the entire relative-based immigration process.
Who is Eligible for Relative-Based Immigration?
Typically, U.S. citizens are able to sponsor more types of relatives for immigration to the U.S. than permanent resident (Green Card holders). Permanent residents are typically allowed to sponsor petitions for spouses, unmarried children under the age of 21, and in some cases, children over the age of 21.
U.S. Citizens are eligible to sponsor all of the aforementioned categories plus brother, sisters, and parents of the U.S. citizen. Depending on the relation and citizenship status of the sponsor, there are preference bases categories for family immigration in which there are annual numerical limits on the amount of visas issues. This can result in longer wait times for more distant relatives.
Additionally, beneficiaries of relative-based immigration must meet all of the eligibility requirements for immigration to the United States. This can include criminal background checks, health screenings to ensure they are not a public health risk, and the ability to demonstrate their relationship to the sponsor. Furthermore, the sponsor will often need to demonstrate that they have the financial means to support the family member they are sponsoring once they are in the United States.
The team at Premier Legal Solutions know the eligibility requirements for relative-based immigration and can determine if your relatives meet all of the eligibility requirements.
What is the Application Process for Relative-Based Immigration?
Once eligibility is determined, the sponsor files a petition on behalf of the beneficiary with the USCIS. The specific form used will depend on the relationship between the sponsor and the beneficiary. Documentation and evidence will be attached to the petition to demonstrate eligibility and financial means of supporting the beneficiary.
The USCIS will review the petition to ensure that the sponsor and beneficiary meet all of the eligibility requirements. If additional evidence or documentation is needed, the USCIS may request it through a Request for Evidence. If approved, USCIS will notify the sponsor and beneficiary. For most immediate relatives, where there is no numerical limit on visas available, the beneficiary may move to the next step. If not, the beneficiary will have to wait until a visa becomes available.
Depending on whether the beneficiary is already in the U.S. or not, they will either have to apply to adjust their status to permanent residency (if already in the U.S.) or apply for an immigrant visa at a U.S. embassy or consulate (if abroad). The beneficiary will then be required to undergo a medical examination to ensure they do not have any communicable diseases that could be a public health threat, and, in some cases, undergo an interview at a U.S. embassy or consulate where they may be asked about their background, relationship to the sponsor, and any other relevant questions.
If the visa is approved, the beneficiary can enter the United States and begin their new life as a permanent resident.
Why is Having an Attorney Important for Relative-Based Immigration?
Relative-based immigration has many eligibility requirements depending on the immediacy of the relationship and the forms to petition for a relative to immigrant can be complicated and require specific information. An immigration attorney understands all of the requirements, what needs to be in the petition, and what supporting documentation goes along with the petition. This can ensure that the petition is submitted correctly and has the type of evidence the USCIS wants to see.
Additionally, an attorney can help the beneficiary prepare for the interview process, if applicable, and assist in providing any additional evidence if it is needed by the USCIS. The team at Premier Immigration Solutions understand relative-based immigration and can assist you in completing the application process in an accurate and timely manner. If you are interested in relative-based immigration, contact Premier Immigration Solutions today to set up a consultation.