According to the Department of Homeland Security, the majority of new permanent residents in the United States are relatives of U.S. citizens. That said, many family members are left behind — an unthinkable prospect for both new immigrants and established US citizens.
Fortunately, several family-specific immigration programs allow relatives to relocate and live together in the United States.
To take full advantage of these pathways, consider working alongside a family immigration lawyer. Rely on Naya Immigration to discuss the most suitable immigration plan based on your family’s unique circumstances.
How Can a Family Immigration Attorney Help You?
Family immigration attorneys offer help in various ways.
Their assistance begins with a consultation, where you’ll have the opportunity to discuss the various immigration challenges your family faces. From there, your lawyer can identify several programs, special visas, and permits worth pursuing.
If you choose to move forward with your new family immigration lawyer, they can assist with the application process, visa requirements, appeals, and various other legal processes associated with U.S. immigration. For greater convenience, family immigration attorneys may also offer virtual meetings for those who cannot visit U.S.-based law offices in person.
Types of Family Visas in the United States
According to the U.S. Department of State, there are two main types of family-based immigration visas in the United States: immediate relative visas and family preference visas.
Categories for Immediate Relative Visas
Reserved only for close relatives of U.S. citizens, immediate relative visas fall into four sub-categories:
- IR1 Visa: If a spouse has been married to a U.S. citizen for at least two years, they can apply for an IR1 visa. This visa grants permanent residency for 10 years.
- CR1 Visa: If a spouse has been married to a U.S. citizen for less than two years, they can still apply for a CR1 visa. This visa provides “conditional residency” for two years.
- IR2 Visa: Unmarried children of U.S. citizens may apply for the IR2 visa. Depending on the child’s age, they may become either a lawful permanent resident or a full U.S. citizen after receiving this visa.
- IR5 Visa: Parents of U.S. citizens may apply for an IR5 visa. This visa provides permanent residency.
Family Preference Categories
If you or your family members do not fall into the categories of immediate relative visas, you may still pursue family preference visas. These visas outline additional family relationships that may lead to Green Cards:
- F1 Visa: Unmarried sons and daughters of U.S. citizens can apply for the F1 visa, also known as a “first preference” visa. Only those 21 or older are eligible.
- F2A Visa: Spouses and children of legal permanent residents may apply for the F2A visa — also known as a “second preference” visa. Only those 21 or older are eligible.
- F2B Visa: Unmarried sons and daughters of lawful permanent residents may apply for the F2B visa — as long as they are 21 or older.
- F3 Visa: Married sons and daughters of U.S. citizens may apply for the F3 visa — also known as the “third preference” visa. There is no age limit.
- F4 Visa: Brothers and sisters of U.S. citizens may apply for the F4 or “fourth preference” visa. In this case, the U.S. citizen (not the applicant) must be 21 or older.
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How to File a Petition for Permanent Residence by Family Relationship
If you are a United States citizen who wishes to bring immediate family members into the country, you will need to “sponsor” your loved one.
You can start by submitting USCIS Form I-130. This is the “Petition for Alien Relative,” and you can easily access and file it online.
Both you and your relative must carefully review all documents before you submit them. A simple mistake can lead to serious delays, and it might be worth having a family immigration lawyer check your visa application beforehand.
If you are trying to obtain a Green Card based on your family relationship with a U.S. citizen, you will also need to carry out several steps. These steps vary depending on whether you are inside the country or not. If you are outside of the country, you will need to undergo Consular Processing.
Generally speaking, both the U.S. citizen and their relative must establish that they have a genuine family connection. This might include providing copies of permanent residency, birth certificates, marriage certificates, and anything else that satisfies the requirements of the specific family visa.
Speak with a family immigration lawyer for more detailed guidance on how to petition for each type of family visa.
The Process of Family Immigration in the United States
Family-based immigration is a common process for many Green Card applicants, and it is one of the most common ways in which people gain permanent residency or citizenship.
What Is Family-Based Immigration?
Family-based immigration is a catch-all phrase that includes applications for any family visa — including both family preference and immediate relative Green Cards. In a legal context, family-based immigration includes any processes involved with applications, including appeals, requests for further information, expediting delays, and so on.
What Does a Family Immigration Attorney Do?
A family immigration lawyer offers targeted advice to U.S. citizens and their families, making them aware of new opportunities and visas. In many immigration cases, these family members may not realize that they are eligible for certain visas.
Once family members decide which visas to pursue, the immigration lawyer offers assistance with paperwork, the collection of documents, and the review of applications. Many immigration attorneys have decades of experience, and they use their knowledge to help immigrants avoid common mistakes.
If issues arise with applications or petitions, immigration lawyers can take further legal action. For example, they might appeal a green card denial.
In addition, family immigration lawyers keep a close eye on the latest regulations and laws to offer immigrants the most up-to-date guidance. The United States immigration system is constantly changing, and an election result could necessitate new strategies.
Finally, family immigration lawyers are often knowledgeable about all aspects of immigration, and they may notify families of other visa opportunities. For example, if it proves difficult to pursue a family visa, the applicant may instead pursue a skilled workers’ permit based on career experience in their home country.
How Long Does Family-Based Immigration Take?
Generally speaking, relatives of U.S. citizens can experience a streamlined immigration process compared to other Green Card applicants. That being said, delays are always possible.
Although wait times are somewhat inevitable, immigrants may reduce delays by working alongside qualified, experienced family immigration lawyers. These legal professionals can ensure that initial petitions are error-free, lowering the chances of unnecessary wait times.
Contact a Family Immigration Lawyer Today
A qualified family immigration lawyer can help reunite families who have been separated by international borders.
If you are trying to join your loved ones in the United States, you can work with an immigration attorney to determine the most appropriate legal pathway. If you wish to bring your family into the United States, your immigration lawyer can help you all come together in the United States.
Naya Immigration understands that each family is unique — and we offer personalized strategies based on the most up-to-date immigration laws in the United States. Book your consultation with our law firm today to discuss the best path forward.
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