Family-based immigration is a process that allows United States citizens (USCs) or Lawful Permanent Residents (LPRs) to bring their close family members to the United States. This process starts with the filing of a petition, known as USCIS Form I-130, by the USC or LPR.
The process of family-based immigration is divided into two categories: Immediate Relatives and Preference Immigrants.
Immediate Relatives:
Immediate relatives are the closest family members to the USC. This category includes the spouse, parent, or unmarried minor child of the petitioner. The processing time for immediate relatives is relatively short and there is no limit on the number of visas available. This means that immediate relatives can become LPRs as soon as their petition is approved, without any wait time.
Preference Immigrants:
Preference Immigrants are other family members of the USC or LPR petitioner who are not considered immediate relatives. This category includes unmarried adult children of the petitioner, married children of the petitioner, and siblings of the petitioner. There is a limited number of visas available for preference immigrants, so the processing time is longer. They are assigned a priority number and must wait for a visa to become available in their category before they can become LPRs.
As stated above, for USCs, they can petition for their spouse, child, parent, sibling, or married or unmarried adult son or daughter. On the other hand, LPRs are only eligible to petition for their spouse, child, or unmarried adult son or daughter. The I-130 petition and required supporting documents are used to establish the relationship between the petitioner and the beneficiary.
It's important to note that the definitions of family relationships in immigration law may be different from what clients understand them to be. For example, in order to petition for a spouse, the marriage must be legally valid and recognized where the relationship was formed. It must also be a bona fide relationship and not solely for immigration purposes.
A child can be eligible for immigration based on different factors, such as being born in wedlock, through a stepparent, adoption, or being an orphan. Adopted children must have been adopted before the age of 16 and lived with the adoptive parent for at least two years.
For parents, only adult USCs can petition for them, meaning only citizen children above the age of 21 can petition for a parent. The same applies for siblings who can only be petitioned by a USC. Siblings must also be able to prove the relationship through birth certificates and other supporting documents.
Once the I-130 is approved, the beneficiary will only become an LPR after successfully completing the second part of the family-based immigration process.
In conclusion, the family-based immigration process allows USCs or LPRs to bring their close family members to the United States. The process is divided into two categories: Immediate Relatives and Preference Immigrants. The processing time and wait time for the beneficiary depends on the category they fall under. To ensure a smooth process, it's important to understand the technicalities and requirements of family-based immigration and to have a clear understanding of the eligibility criteria. Therefore, it is important to consult with an Immigration Attorney in order to make sure you understand any issue that might be a complication in your family petition and so that you understand which documents you need to present along with your petition.
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