FAMILY-BASED IMMIGRATION      back to list

Family-based immigration of spouses, relatives, and dependents involves a multi-step process. First, U.S. Citizenship and Immigration Services ("USCIS") approves an immigrant visa petition for an alien relative, which must be accompanied by proof of the relationship. Delays are common, and petitioning relatives are encouraged to begin the process as soon as possible in order to establish the foreign national relative's place in line for an immigrant visa, even if the petition may not be decided for some time. Once an immigrant visa number is available to him or her, if the foreign national relative is already in the U.S., he or she may apply to adjust status to lawful permanent resident. If the foreign national relative is outside the U.S. and an immigrant visa becomes available, he or she must go to a U.S. consulate servicing his or her area of residence to apply for an immigrant visa.

Eligibility to sponsor a relative to immigrate to the United States includes a number of criteria. For example, the sponsor must prove that he or she is a U.S. citizen or lawful permanent resident, and that he or she can support the relative at 125% above the mandated poverty guideline. Relationships potentially eligible for immigration through sponsorship by a U.S. citizen include a spouse, parents, siblings and children. Relationships potentially eligible for immigration through sponsorship by a lawful permanent resident include a spouse, unmarried children (under 21 years old) and unmarried sons or daughters (21 years or older).

Family members who wish to immigrate to the U.S. are classified into categories based on the preference system. At the top of the list are immediate relatives of adult U.S. citizens, including parents, spouses, and unmarried children under the age of 21. The remaining categories of relatives must wait for an immigrant visa number to become available under the following preference categories:

. First preference: Unmarried adult sons and daughters of U.S. citizens 21 years of age or older.
. Second preference: Spouses of lawful permanent residents, their unmarried children (under 21), and the unmarried sons and daughters of lawful permanent residents.
. Third preference: Married sons and daughters of adult U.S. citizens.
. Fourth preference: Brothers and sisters of adult U.S. citizens.

USCIS notifies the person who filed the I-130 Petition for Alien Relative whether or not the visa petition is approved. Once approved, the Department of State's National Visa Center notifies the foreign national when the petition is received from USCIS and again when an immigrant visa number is available. The applicant does not need to contact the National Visa Center unless he or she changes address or there is a change in the situation of the applicant or alien relative that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

The spouses of some U.S. citizens and permanent residents will receive "conditional" permanent residence for a period of two years. A person with conditional permanent resident status (and typically his or her spouse together) must apply to remove the conditions on permanent residence at the appropriate time or his or her conditional permanent residence will expire.

There are numerous requirements and potential pitfalls throughout the family-based immigration process. Paparelli & Partners LLP's expert counsel can help family members successfully immigrate to the U.S. Contact us for assistance.