Family-Based Immigration to the United States of America
By Ibrahim Hoti
UK
The United States of America is often described as a land of immigrants; foreign-born Americans range from multiple founding fathers to President Donald Trump’s own mother.
As part of its immigration policy, the US has long upheld the principle of family unity. To further this principle, US immigration law allows: (1) US citizens; (2) US lawful permanent residents (or “green card” holders); and (3) certain refugees or asylees to apply for (or “sponsor”) close family members to immigrate to the US.
US citizens can sponsor their spouse, children, parents, and siblings to immigrate to the US. The process is quickest for immediate relatives of US citizens. They include a parent, a spouse, and an unmarried child less than 21 years of age. Family members of US citizens who are not immediate relatives are subject to preference categories and longer wait periods. The wait period for different family-based preference categories can be seen by the public on the Department of State’s “visa bulletin” website.
Lawful permanent residents can only sponsor their spouse and unmarried children, and their sponsored relatives are subject to even longer wait periods. Grandparents, aunts, uncles, in-laws, and cousins cannot be sponsored by either US citizens or lawful permanent residents. Refugees who are within the first two years of having been admitted to the US, or asylees who were granted asylum within the past two years, can apply for their spouse or unmarried children if the child was under 21 years of age when the sponsor first applied for asylum or refugee status.
To initiate the family-based immigration petition, the sponsoring family member must first file Form I-130, Petition for Alien Relative, with the US Citizenship and Immigration Services (USCIS). The approval of this application will establish a place in line or a “priority date”. Once the priority date becomes current, the sponsored family member will need to apply for an immigrant visa if they are outside the US, or for an adjustment of status if they are in the US. This process can lead to lawful permanent residency and eventually US citizenship for the sponsored relative.
Evidence to establish a family relationship, required for sponsorship, must be in the form of documentary evidence, such as birth or marriage certificates. If such evidence cannot be obtained, substantial secondary evidence must be used. Additionally, in certain situations where birth certificates are issued many years after birth, secondary evidence, such as DNA tests, might be needed.
It should be noted that, while being sponsored does provide an individual with a place in line to obtain lawful permanent residency, having a place in line does not give an individual any independent legal immigration status with a right to remain in the US, nor employment authorization. Those are additional immigration steps that must be taken. Additionally, filing for an immigrant visa petition may negatively impact a subsequent non-immigrant visa application, such as a tourist or a student visa application. Therefore, consult an immigration attorney prior to taking any immigration actions.
(This document is for informational purposes only and does not constitute legal advice. The author is a law student in England and is not licensed to practice law in the US. Please consult a US immigration attorney if you have any case-specific questions.)
-----------------------------------------------------------------------------
