Family immigration is one of the main ways of obtaining permanent residence in the United States through a relative who is an American citizen or a permanent resident. In certain cases the programme allows spouses, parents and children, and some other relatives, to be reunited.
The process depends on the degree of relationship, the relative's status in the United States, and the applicant's age and marital status. For some categories an immigrant visa may be available without a long wait, while others are subject to annual limits and queues.
Who can sponsor a relative
Family immigration can be started by US citizens and by US permanent residents (Green Card holders). US citizens have a wider range of options. They can file petitions for spouses, children, parents and brothers or sisters, provided the relevant requirements are met.
Green Card holders can, in particular, sponsor a husband or wife and unmarried children. What a permanent resident can do differs from what a US citizen can do, so it is important to identify the family category correctly before the process begins.
Immediate relatives of US citizens
For the closest relatives of a US citizen there are special Immediate Relatives categories.
They include:
- the husband or wife of a US citizen;
- unmarried children of a US citizen under the age of 21;
- the parents of a US citizen, if the citizen is 21 or over.
There is no annual limit on the number of immigrant visas for these categories. That is a substantial advantage over the family preference categories, which are subject to yearly caps.
Family preference categories
Other relatives of US citizens and permanent residents fall into the family preference categories.
The main categories are: F1 — unmarried sons and daughters of US citizens aged 21 and over. F2A — spouses and unmarried children of US permanent residents under 21. F2B — unmarried sons and daughters of US permanent residents aged 21 and over. F3 — married sons and daughters of US citizens. F4 — brothers and sisters of adult US citizens.
For these categories the number of visas available is limited, so a queue forms.
Why there is a queue
The number of family immigrant visas for the preference categories is limited by US law. Because of that, the date the petition is filed matters a great deal. The applicant is given a priority date, which is used to determine their place in the queue. When their turn comes and an immigrant visa becomes available, the case can move on to the next stage.
The waiting time depends on the particular category and the applicant's country of birth. It can differ considerably from one family to another.
What a priority date is
A priority date is the date that fixes an applicant's position in the immigration queue. For many family petitions that date is the date USCIS receives a properly filed petition. The applicant then follows the movement of their category in the Visa Bulletin, published by the US Department of State.
It is important to understand that approval of a petition does not always mean a Green Card can be obtained immediately. If the category has a queue, you have to wait for a visa to become available.
How family immigration begins
The process usually starts with the filing of a family petition, Form I-130, Petition for Alien Relative. The petition is filed by the relative who is a US citizen or permanent resident.
Documents are attached to the application confirming:
- the petitioner's identity;
- their citizenship or permanent resident status;
- the family relationship;
- marital status;
- other circumstances required for the particular category.
Once the I-130 is approved, what happens next depends on whether the applicant is outside the United States or already in the country.
If the relative is outside the United States
If the future immigrant is outside the United States, the process usually goes through consular processing. After the petition is approved, the case may be passed to the National Visa Center (NVC).
The applicant receives instructions on the next steps, fills in the necessary forms, provides documents, has a medical examination and then attends an interview at the American embassy or consulate. Once the immigrant visa is approved, the applicant can enter the United States as an immigrant.
If the relative is already in the United States
In some cases a person who is already in the United States can obtain permanent status inside the country through Adjustment of Status. To do so they must meet the requirements of their particular immigration category and have an immigrant visa available, if the category has a queue.
Simply having a relative in the United States does not automatically give a right to change status. In every case the applicant's current status, the way they entered the United States, any breaches of immigration law and other circumstances all have to be taken into account.
Documents for family immigration
The exact list of documents depends on the category and the particular situation.
The following may usually be needed:
- a passport;
- a birth certificate;
- a marriage certificate;
- divorce documents;
- children's birth certificates;
- documents showing the petitioner's US citizenship or Green Card;
- evidence of the family relationship;
- police certificates;
- medical documents;
- photographs;
- financial documents;
- translations of documents into English.
In some cases additional evidence will be required.
How to prove a genuine marriage
If the basis for immigration is marriage, you have to show that the relationship is genuine and was not entered into solely to obtain immigration status.
The following can be used as evidence:
- photographs together;
- correspondence;
- a history of trips;
- living together;
- bank and financial documents;
- a tenancy agreement;
- insurance documents;
- bills;
- details of joint purchases;
- documents confirming a shared family life.
There is no universal number of documents that guarantees approval. What matters is a coherent, consistent picture of the relationship.
Financial support
In many cases the petitioner has to provide Form I-864, Affidavit of Support. This is a legally binding undertaking to support the immigrant financially. The petitioner must meet certain income requirements, or use the options the law provides — for example bringing in a joint sponsor if their own financial resources are not enough. The financial requirements depend on the size of the household and the particular circumstances.
What a joint sponsor is
If the main petitioner's income is not enough to meet the financial requirements, in certain situations a joint sponsor can be used. This is a separate person who takes on the corresponding financial obligations and must meet the established requirements in their own right.
A joint sponsor does not replace the family relationship with the main petitioner. They are there specifically to satisfy the financial part of the immigration process.
Medical examination
When an immigrant visa is processed at a consulate, the applicant has to have a medical examination with a doctor authorised by the relevant American embassy or consulate. The examination is carried out under set rules.
The applicant should use an approved doctor and read the instructions of the particular consular post in advance.
The interview
The interview takes place at the American embassy or consulate if the applicant is processing an immigrant visa outside the United States. The consular officer may ask questions about the applicant, the petitioner, the family relationship and the circumstances of the immigration.
In family immigration it is especially important that the information in the forms, the documents and the answers is consistent and truthful.
How long family immigration takes
The timescales vary widely. For immediate relatives of US citizens the absence of an annual limit usually means avoiding a visa queue that runs for years, although processing the documents, the petition and the consular case still takes time. For the F1-F4 categories the wait can be considerably longer because of the caps in place.
The timescale is also affected by:
- the relationship category;
- the applicant's country of birth;
- how busy USCIS is;
- the work of the NVC;
- the availability of interviews;
- administrative processing;
- whether the documents are complete.
So there is no single universal timescale for family immigration as a whole.
Family immigration through a spouse
Immigration through a spouse is one of the commonest routes. If the spouse is a US citizen, the foreign spouse falls into the immediate relative category and can obtain an immigrant visa, once the necessary procedures are complete, without waiting for a visa quota.
If the spouse is a permanent resident, the F2A category applies, which has its own rules and limits.
The K-1 fiance visa
If a couple are not yet married and plan to marry in the United States, in some cases a K-1 visa can be used. It is intended for the foreign fiance or fiancee of a US citizen. After entry into the United States the marriage has to take place within a set period of 90 days.
After the marriage the foreign spouse can look at obtaining permanent status. The K-1 differs from a family immigrant visa in that, at the time the relevant petition is filed, the couple are not yet married. Whether children can be included
Whether children can be included depends on the particular category.
Some categories have derivative statuses that allow children to immigrate together with the main applicant. For immediate relatives of US citizens, though, the rules may differ, and in some cases children need a separate petition.
The child's age also matters a great deal. So the make-up of the family has to be assessed at the time of filing and throughout the process.
What happens after the Green Card is granted
Once the process is successfully completed and they have entered the United States, the immigrant holds permanent resident status. A Green Card allows a person to live and work in the United States without needing a separate work visa. A permanent resident can also, in time, look at obtaining US citizenship if the requirements set by law are met.
It is important, though, to follow the rules on permanent residence in the United States and to avoid circumstances that could affect keeping that status.
Can you obtain citizenship through family immigration
Family immigration in itself does not mean automatic citizenship. First a person becomes a permanent resident. Once the requirements on length of residence, physical presence, good moral character and other conditions have been met, an application for naturalisation can be filed.
For some spouses of US citizens a shorter waiting period than the general rule applies, provided all the necessary conditions are met.
Common mistakes
Family immigration cases are often delayed by mistakes in the paperwork.
Common problems include:
- identifying the category wrongly;
- no evidence of the family relationship;
- errors in dates;
- incomplete documents;
- missing translations;
- insufficient financial evidence;
- inconsistencies between the forms and the documents;
- insufficient evidence that the marriage is genuine.
Before filing it is worth checking the whole package and making sure the information matches across all the forms.
The main points
Family immigration allows foreign nationals to obtain permanent residence in the United States through certain relatives who are US citizens or permanent residents.
The commonest routes involve spouses, children and parents, but there are categories for other relatives too. The process can involve the I-130, the NVC, consular processing or Adjustment of Status, a medical examination and a financial undertaking.
The requirements and timescales depend on the particular family category. So before filing it is important to identify the right category and check the current Visa Bulletin and the requirements of USCIS and the US Department of State. Immigration rules can change, so the current requirements should be checked immediately before an application is filed.
End of the article.
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