Family reunification is a key part of U.S. immigration law. It allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for permanent residency. While the process offers a meaningful path to bring loved ones together, it can also be complex. Below, we answer some common questions about eligibility, petitioning, timelines, and requirements.
Who Can Petition for a Family Member?
The Family-Based Immigration program allows U.S. citizens and lawful permanent residents (LPRs) to petition for their eligible family members to obtain permanent residency (green cards) in the United States. The two main categories of petitioners are:
U.S. citizens can petition for the following family members:
- Spouses
- Unmarried children (under 21 years old)
- Married children of any age
- Parents (if the U.S. citizen is 21 or older)
- Siblings (if the U.S. citizen is 21 or older)
LPRs can petition for the following family members:
- Spouses
- Unmarried children of any age
Who is an “Immediate Relative?”
“Immediate relatives” of U.S. citizens are not subject to visa quotas, meaning their cases generally move faster. This category includes:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is 21 or older)
Because there are no numerical limits, these relatives can typically begin the green card process right away.
What is the process for getting a green card for a family member of a U.S. citizen?
The process begins with Form I-130 (Petition for Alien Relative), filed by the U.S. citizen or permanent resident to establish the family relationship.
From there, the next step depends on where the family member is located:
- Inside the U.S.: File Form I-485 (Adjustment of Status) with USCIS.
- Outside the U.S.: Complete consular processing through the National Visa Center (NVC) and a U.S. consulate abroad.
How Long Does the Family-Based Immigration Process Take?
The processing times are ever changing and vary significantly depending on the specific visa category and the applicant’s country of origin. The following is a general overview of typical processing times.
Immediate Relatives: Petitions for immediate relatives of U.S. citizens typically have the shortest processing times than other categories. However, the estimated timeframe will depend on the location of the immigrant family member.
For those that are currently in the US and concurrently filed the I-130 and I-485, the processing time varies from 12 – 16 months. For those going through the consular processing process, the process can take 14 –20 months. Obtaining a visa appointment at the consulate has been the primary delay in the processing of consular processing cases.
Family-Sponsored Preferences: Due to numerical visa limitations, Applications for other family-sponsored categories take much longer. Thes relatives must first have the I-130 petition approved and their priority date must be current within the visa bulletin before they can obtain their green card.
Categories such as unmarried adult children of U.S. citizens or spouses and children of lawful permanent residents can take significantly longer. It often takes 2 years or more for the I-130 to get approved. After which, they must wait for the priority date to become current. This can take many more years depending on the immigrant’s nationality.
It’s important to remember that processing times are subject to change and can be impacted by various factors, such as government processing backlogs, changes in immigration policies, and the applicant’s country of origin. USCIS does provide estimated processing times on their website, which can be helpful when determining the estimated timeframe.
How does the Visa Bulletin impact family-based immigration applications?
The Visa Bulletin has a significant impact on family-based immigration applications by determining when applicants can move forward in the visa process. Published monthly by the US Department of State, the bulletin provides crucial updates on the availability of immigrant visas across various family-based categories and countries. It features two main sections: “Final Action Dates” and “Dates for Filing Applications.” The “Final Action Dates” indicate when visa petitions, based on their priority dates, become eligible for final processing. These priority dates are set when the initial visa petition is filed with the US Citizenship and Immigration Services (USCIS). Once a priority date becomes current according to the bulletin, applicants can apply for an immigrant visa or an adjustment of status.
The “Dates for Filing Applications” section, on the other hand, lists earlier priority dates than the final action dates, allowing applicants additional time to prepare their necessary documentation. However, it does not ensure that a visa will be available at that time, as it depends on the overall demand and supply of visas. As such, family-based immigration applicants must regularly monitor the Visa Bulletin to submit their application promptly once their priority date becomes current, ensuring they do not miss the opportunity to proceed with their immigration process.
You can learn more about the priority dates and the visa bulletin on our website: Breaking Down The Complexities Of The Visa Bulletin: What You Need To Know
What documents are needed to petition for a family member?
The required documents for a family-based green card petition typically include the completed Form I-130 (Petition for Alien Relative), proof of the petitioner’s U.S. citizenship or lawful permanent residency, and documentation demonstrating the familial relationship (e.g., marriage certificate, birth certificates). The specific documentation requirements can vary depending on the type of familial relationship.
Can more than one U.S. family member petition for the same immigrant?
Yes, in certain cases, multiple U.S. citizen or LPR family members can petition for the same immigrant. However, the immigrant can only use one approved petition to apply for a green card.
Can I Sponsor more than one family member?
Yes, a US citizen or LPR may file for multiple family members. However, it is important to consider the Petitioner’s ability to financially support the immigrants.
What are the financial requirements for a petitioner sponsoring a family member?
You must meet the poverty guideline for your household size, this includes yourself, spouse, dependent children, the intending immigrant, and any other individuals you have sponsored. You can find the poverty guidelines on the USCIS website: I-864P
You can find more on this matter on our website: I-864, Affidavit Of Support or Options for Meeting the I-864 Affidavit of Support Requirement
What if the family relationship changes during the process?
If the family relationship changes, such as a divorce or the death of the petitioner, it’s important to consult with an attorney, as the change could impact the immigrant’s eligibility and the processing of the green card application. There are still some instances where the immigrant can still obtain a green card; however, it depends on may factors.
Can family members be denied a green card?
Yes, family-based green card applications can be denied for various reasons, such as the petitioner’s inability to demonstrate sufficient income or assets, the applicant’s inadmissibility due to criminal history, or inconsistencies in the submitted documentation. Seeking professional legal advice can help identify potential roadblocks and develop strategies to address them effectively.
What steps can be taken if the primary applicant or the petitioner dies during the process?
In the event of the death of a primary applicant or petitioner during the family-based green card process, the U.S. immigration system has provisions to allow the continuation of the application under specific conditions. Congress introduced a rule in 2009 that permits beneficiaries to obtain immigration benefits despite the death of the petitioner or principal beneficiary. To be eligible under this rule, the applicant must have been residing in the United States at the time of the qualifying relative’s death and must continue to reside there. Eligible categories include beneficiaries of pending or approved immediate relative immigrant visa petitions, family-based immigrant visa petitions, and certain employment-based petitions, among others.
Conclusion:
Successfully navigating family-based immigration requires a solid understanding of the process, eligibility rules, and potential challenges. Since family reunification is a core principle of U.S. immigration policy, many individuals pursue this path to bring loved ones together and secure permanent residency. Achieving this goal, however, requires careful preparation, accurate documentation, and compliance with immigration procedures.
Our immigration team is committed to helping families through every step of this journey. From filing petitions to completing the green card process, we provide the guidance and support needed to make the process as smooth as possible. If you have questions or would like additional information, please contact me at cprescott@psbplaw.com or 972-627-4088.