U.S. citizens can petition their families or relatives to help them get Green Cards. Since the process deals with legality, it is wise to obtain advice from a family petition lawyer. This process, which is very important for the country’s policy goal of family reunification, involves getting an immigrant Visa.
If you are planning on getting a family member an immigrant Visa, the application process must follow the steps required by the U.S. Citizenship and Immigration Services or USCIS. However, if your relative is already in the United States, they will need to undergo an adjustment of status.
Family-Based Immigration
The Immigration and Nationality Act, or INA, allows permanent residents or U.S. citizens to petition their families. There are two types of family-based immigration – immediate relative and family preference. On the one hand, immediate relative immigration is based on the degree of relationship. Under this category, the number of immigrants has no limit.
On the other hand, family preference is a specific and more distant family relationship. The number of immigrants is limited each year under this category. So before you apply, it’s advantageous to hire a family petition lawyer to evaluate your circumstances and prepare the needed paperwork.
In sponsoring an immediate member or relative in family-based immigration, USCIS has a requirement wherein the sponsor needs to be a U.S. citizen or lawful permanent resident, also known as a Green Card holder. In addition, the sponsor in this process must have the financial capacity to support their family or relatives in going to the United States
Both permanent residents and U.S. citizens have options for obtaining family-based Visas. The State will only allow lesser family member options for LPRs to sponsor, but the procedure will be the same. To avoid confusion and ensure the validity of the immigration proceedings, consult with a family petition lawyer. Lawful permanent residents or LPRs can live and work in the United States. They can accept employment opportunities without special restrictions and receive financial assistance from public universities and colleges. They may also become U.S. citizens if they meet specific requirements. Foreign nationals who wish to become permanent residents can choose from a wide range of classifications. One of these is the LPR program for family reunification under the INA.
Family-Based Immigration Process
There are specific steps you need to follow and documents to submit. The first factor to consider, the sponsor must be either a U.S. citizen, a Green Card holder, or a natural-born. However, this is a long process and will take quite some time because only limited slots are available annually.
- Step 1. A sponsor must submit the documents required in the Immigration and Nationality Act. Lawful Permanent Residents must consult with a family petition lawyer to ensure they will comply with all requirements.
- Step 2. The authorized officers of the State will then review the sponsor application and thoroughly inspect the documents. They will ensure that everything is genuine and does not constitute fraud or criminal activities. If the officers deny the petition, one can go to the National Visa Center and try to get its approval.
- Step 3. It’s now the waiting period. If the ones petitioned by the sponsor are in the family preference group, the waiting time will be quicker because of their immediate relationship with the sponsor.
- But, when petitioning relatives who are not immediate family members, they will wait for an opening regarding the annual limit of Green Cards that the State can administer. They will usually wait a year before learning if the Visa is available.
- Step 4. If the authority approves the petition, the sponsor’s family can apply for a Green Card. If they are still outside the U.S., they need to go to a U.S. consulate in their country to process the required documents.
After these steps, the family-based immigrant needs to prove that they will have the financial means to live in the United States.
Role Of A Family Petition Lawyer
Completing the proper documentation for a relative is crucial for U.S. Citizenship and Immigration Services (USCIS) to approve the application. But, preparing everything yourself is challenging, especially when you are not familiar with immigration laws and drafting the necessary legal documents.
A family petition lawyer can help you decide if you can file a petition for a relative under your status as a U.S. citizen or Green Card holder. They will advise you on the success rate of the family-based immigration process and be honest about the hurdles that will arise.
So when’s the right time to hire a family petition lawyer? Or should you engage with one from the very start? Of course, you must hire one before filing. Although many people may decide to apply on their own, it can take a lot of work to know which step to take if you have a family petition lawyer on your side.
A qualified and experienced lawyer can help you navigate the complex immigration process removing the heavy burden and stress from your shoulders. There are things in a legal proceeding like family-based immigration that individuals should leave to the hand of a competent family petition lawyer. They can help you identify which family member can apply for a specific category and condition and provide advice on fixing any issues. Read about how U.S Temporary Visas work.
Lincoln-Goldfinch Law
Having loved ones by your side is critical to your emotional health, especially in these challenging times. But, the process of family-based immigration can be very time-consuming and challenging due to the number of documents you must submit. With the help of a family petition lawyer at Lincoln-Goldfinch Law, you can worry less and get through this process successfully. They will take care of the entire process from start to finish, ensuring that you and your family have constant updates. If you need help with the application for a family-based immigration Visa, please contact Lincoln-Goldfinch Law. They have helped hundreds of families to reunite and live in the United States permanently. So contact their family petition lawyer now for a free evaluation.