Understanding Family Petitions

Family-based immigration is a category within the U.S. immigration system that allows U.S. citizens and Lawful Permanent Residents (LPRs) to sponsor certain family members for immigration benefits. The process involves filing a petition to establish the familial relationship and demonstrating eligibility under specific visa categories. It is essential to understand the nuances and requirements of family petitions to navigate the complex immigration landscape successfully. Our Attorneys at Victoria Law can help.

For U.S. citizens, the following family members can be petitioned:

1. Spouse: U.S. citizens can sponsor their foreign-born spouses for immigration benefits.

2. Parents: U.S. citizens can bring their parents to the United States.

3. Children: Unmarried children under 21 years of age are eligible for sponsorship by U.S. citizen parents.

4. Adult Children: U.S. citizens can petition for their unmarried adult children, regardless of age.

5. Married Children: U.S. citizens can sponsor their married adult children.

6. Siblings: U.S. citizens can petition for their brothers or sisters.

LPRs also have the opportunity to bring certain family members to the United States, including:

1. Spouse: LPRs can sponsor their foreign-born spouses.

2. Minor Children: LPRs can petition for their unmarried children under 21 years of age.

3. Adult Children: LPRs can sponsor their unmarried adult children.

It's important to note that derivative relatives, such as the spouse and minor children of the sponsored individual, may be included in the immigration process for most of these categories.

The Processing Times for Family Petitions

The availability of visas and the processing time vary depending on the category of the family petition. Immediate Relatives, which include spouses, parents, and unmarried children under 21 years of age of U.S. citizens, have a unique advantage. Immigrant visas for Immediate Relatives are not subject to numerical limits, ensuring a quicker processing time. In some cases, if the foreign national is already present in the U.S., they may be eligible to concurrently file for adjustment of status with the relative petition, streamlining the process.

For other relatives of U.S. citizens and relatives of LPRs, the Priority Date system comes into play. The Priority Date is established based on the filing of the I-130 alien relative petition, and the Department of State's monthly visa bulletin determines visa availability based on priority dates and preference categories.

The Family-Based Preference Categories outline the different relationships and preferences:

• Family First Preference: Unmarried sons and daughters (over 21 years of age) of U.S. citizens.

• Family Second Preference: Spouses and unmarried sons and daughters under 21 years of age of LPRs fall under 2A, while unmarried sons and daughters over 21 years of age fall under 2B.

• Family Third Preference: Married sons and daughters (over 21 years of age) of U.S. citizens.

• Family Fourth Preference: Brothers and sisters of U.S. citizens.

Once the priority date becomes current, meaning the visa is available for that particular category, the sponsored family member can apply for residency either through adjustment of status within the U.S. or through consular processing at a U.S. consulate overseas.

Contact Victoria Law

Navigating the family petition process requires a deep understanding of immigration laws, regulations, and procedures. It is highly recommended to seek the assistance of experienced immigration attorneys who specialize in family-based immigration. These professionals can guide and represent individuals and families throughout the entire process, ensuring that all documentation is properly prepared, deadlines are met, and legal requirements are fulfilled.

At Victoria Law, we recognize the significance of family-based immigration and the profound impact it has on individuals and their loved ones. Our dedicated team of immigration experts, are committed to providing comprehensive support and personalized guidance to clients. We evaluate each case meticulously, determining eligibility under current immigration law and formulating a strategy tailored to the unique circumstances of each family.

If you are seeking to reunite with your loved ones through family-based immigration, time is of the essence. Contact Victoria Law today by filling out the online form below. Let us help you navigate the intricacies of family petitions, ensuring that you and your family can build a future together in the United States.

Remember, with the right guidance and expertise, the path to family reunification in immigration matters becomes clearer, and the dream of being together with your loved ones can become a reality.