October 15, 2024
Reuniting with family members is one of the most important reasons to immigrate to the United States. There are various opportunities available to come to the U.S. based on a family connection. There are also some challenges to the United States immigration process. It is helpful to understand these issues. An experienced immigration attorney will answer your questions and guide you through the process.
What is a Family-Based Visa?
Family-based visas are also called green cards. A family-based visa allows a U.S. citizen or lawful permanent resident to sponsor an immediate relative to immigrate to the United States. A legal permanent resident is a green card holder who is a non-citizen who has been granted the right to live and work in the U.S. Close family members typically include a spouse, children, and parents. There are no specific limits set by the USCIS on the number of some types of family-based visas they allow each year.
Eligibility for Family-Based Immigration
There are two main types of family-based visas. These include immediate relative and family preference. Immediate relative visas are available for a close family member of a U.S. citizen. A family preference visa is designed for close relatives of legal permanent residents and more distant relatives of U.S. citizens. U.S. citizens may file a petition for a spouse, child, parent, or sibling. A legal permanent resident may file a petition for a spouse or unmarried child. There is a limit to the number of LPR family-based visas allowed.
How Long Does it Take to Get a Family-Based Visa?
One of the challenges of seeking a family-based visa is the length of time it takes to process the application. It can take a year or longer to process a family-based visa petition. In general, spouses, children, and parents have the shortest waiting time to get a family-based visa. Processing times for those categories have been running at about 11 to 13 months. The wait time for other visas can be much longer. There are approximately 4 million people waiting for visas including family-based as well as other types.
Categories such as children of U.S. citizens and spouses and children of green card holders have had much longer wait times. Some people have reported that they have waited years or even more than a decade to get their loved ones into the United States through the family-based visa process. International adoptions also have a long wait time of more than 49 months. These wait times can make it more challenging to try to reunite families in the U.S. You can get answers to your immigration questions from a qualified immigration attorney.
Requirements for a Family-Based Visa
There are a number of requirements and documents that you must submit to the United States Citizenship and Immigration Services, USCIS. Services along with your petition form. It is essential to provide the proper documentation or you could risk a longer wait time. Having your information prepared is a good way to make sure that your application will go through the process without delay or rejection.
If your application gets rejected, it could mean that you will have to begin the process again, and therefore, your wait time will be even longer. A knowledgeable immigration attorney will help you understand the documents you must gather before you submit your petition as well as those that are needed to bring with you to an interview. Some of the documents you may need to have include:
- Passport
- Birth certificate
- Marriage certificate
- Evidence of divorce
- Copy of application
- Photograph
- Medical exam results
- Police or background check
Biometric Services Appointment
A biometrics services appointment is required for many types of visas. Biometrics provides identification and may include fingerprints, a photo, and a digital signature. It is best to bring a copy of your application to the appointment. You will also need to bring your passport, driver’s license, or other valid photo ID. Show up to the appointment on time. You can review the information available in other languages online. You should bring along someone to help translate if necessary. Your attorney does not need to accompany you to the appointment, however, you may wish to speak to your lawyer to ensure that you are prepared.
Interview Process
Most family-based visas require an in-person interview. The interview will take place at the closest USCIS field office. You will receive a notice with the date, time, and location of the interview. If you cannot attend, you must follow the instructions they provide to reschedule. The USCIS representative will meet with you to discuss your family-based immigration application. You will need to be prepared to answer questions and provide proof that you are the rightful family member seeking a visa. It is up to the representative to determine that you are a suitable candidate for a family-based visa. For example, if you are seeking a spouse visa, you must provide information and details to prove that you are married. You must be able to show that you are not married just to get a green card.
Tips for Preventing Immigration Delays
The immigration process can take some time. Therefore, you will want to do everything possible to prevent any type of delay. Before you submit the petition, make sure that you have the proper documentation necessary. If you provide a petition without documentation the USCIS will flag it and send you a request for further information. In some cases, they could deny the petition and you will have to start the process all over.
Be prepared to wait for information. Once the USCIS receives your petition, you will receive a notification of receipt. This does not mean that the petition is approved. Instead, it simply means that they have your application, and it is in the queue for review. Make sure that you update the USCIS with your new address if you move. If they send you information and you don’t receive it, you will miss the deadline to respond, and your application will be denied.
It can be challenging to navigate the immigration process. There are many different petitions along with rules and guidelines that you must follow in order to ensure a successful result. You do not need to go it alone. An experienced immigration attorney can assist you through the petition process. To learn more, consult with our legal team at Ibrahim Law Global at (708) 584-3043 today.
