Family is everything, and the desire to reunite with loved ones who live in foreign countries is a driving force for many U.S. citizens and lawful permanent residents.
In recognition of this, the United States has created several options for sponsoring certain family members for immigration.
The options for sponsoring family members’ entry into the United States fall into two distinct categories: Immediate Relatives and Family Preference. Let’s take a closer look at each one.
Immediate relatives are close family members including the U.S. citizen’s spouse, unmarried child under the age of 18, and parent. There is no limit on the number of these types of visas that the United States is willing to issue. To apply for an immediate relative visa, the U.S. citizen or legal permanent resident sponsor must file a petition with U.S. Citizenship and Immigration Services (USCIS). If it is approved, the petition will be sent to the National Visa Center for processing. Fees need to be paid and supporting documents submitted, and the family member would schedule an interview at the U.S. embassy or local consulate. If all goes well, the visa is issued and the family member can enter the United States as an immigrant.
By contrast, there are annual limits on how many family preference visas the country is willing to issue for those in the family preference category, which includes unmarried sons and daughters 21 or older of U.S. citizens, spouses and unmarried children under the age of 21 of legal permanent residents, unmarried sons and daughters 21 or over of legal permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of adult U.S. citizens. To apply for a family preference visa, the U.S. citizen or legal permanent resident sponsor fills out a petition and sends it to USCIS for processing. It is then sent to the National Visa Center, just as is true for immediate relative visas, but because there is an annual limit on how many of these visas are issued, the application may be held until an opening arises. When a spot is available, the same process as for immediate relative visas continues.
Both processes require the sponsor to provide documentation showing that they can financially support the proposed immigrant. Other requirements include a medical examination of the family member and a background check.
If you have a family member living in a foreign country and you are interested in sponsoring their journey to America, we can help. Contact our experienced immigration attorneys today to set up a time to chat.