Are you considering relocating to the United States with your family through a family immigration visa? As a professional immigration lawyer with extensive experience in the field, I am here to help you with the complex process of family immigration. Here I will provide an overview of the various family-based immigration options, including marriage petitions, fiancé petitions, and relative petitions, such as parents, children, and siblings. I will also discuss the preparation of financial affidavits of support, applications for waivers in case of eligibility issues, employment authorization petitions, and more. By providing information on handling replies to the various immigration authorities, such as USCIS, DHS, and DOJ, attending interviews for Citizenship and Immigration Service, consular processing, and appeals, you will be well-equipped to make informed decisions about your family’s immigration journey.
Marriage Petitions
One of the most common ways for foreign nationals to obtain a green card is through marriage to a U.S. citizen or lawful permanent resident (LPR). To begin the process, the U.S. citizen or LPR spouse files a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship between the petitioner and the beneficiary.
Upon approval of the I-130 petition, the beneficiary spouse may apply for an immigrant visa through consular processing if they are outside the United States, or they may apply for an adjustment of status if they are already in the country. In either case, the couple will need to provide evidence of a bona fide marriage, which may include documents such as joint bank statements, photographs, and affidavits from friends and family.
Fiancé Petitions
A U.S. citizen may also sponsor their foreign fiancé(e) for a K-1 nonimmigrant visa. The U.S. citizen must file a Form I-129F, Petition for Alien Fiancé(e), with USCIS. Once approved, the foreign fiancé(e) can apply for a K-1 visa at a U.S. consulate abroad. Upon entering the United States, the couple must marry within 90 days, and the foreign spouse can then apply for adjustment of status to become an LPR.
Relative Petitions
U.S. citizens and LPRs can sponsor certain qualifying relatives for family-based immigrant visas, including parents, children, and siblings. The process begins with the U.S. citizen or LPR filing an I-130 petition on behalf of the relative. The availability of visas for these categories depends on the relationship and the beneficiary’s country of origin, as there are annual caps and waiting periods for some family preference categories.
Financial Affidavits of Support
To ensure that the intending immigrant will not become a public charge, the petitioner must submit a Form I-864, Affidavit of Support, during the consular processing or adjustment of status stage. This form demonstrates that the petitioner has the financial means to support the beneficiary at 125% of the federal poverty level. In some cases, a joint sponsor may be required if the petitioner’s income does not meet the threshold.
Applications for Waivers
Some intending immigrants may face eligibility issues, such as a criminal record, prior immigration violations, or health-related grounds of inadmissibility. In these cases, they may be eligible for a waiver, which requires the submission of a Form I-601, Application for Waiver of Grounds of Inadmissibility, or a Form I-601A, Application for Provisional Unlawful Presence Waiver, depending on the specific inadmissibility ground.
Employment Authorization Petitions
In certain circumstances, the beneficiary may be eligible to apply for an Employment Authorization Document (EAD) while their family-based immigration application is pending. This allows them to work legally in the United States during the processing of their application. To apply for an EAD, the beneficiary must file a Form I-765, Application for Employment Authorization, with USCIS.
Handling Replies from Immigration Authorities
Throughout the family immigration process, you may receive correspondence from various immigration authorities, such as USCIS, the Department of Homeland Security (DHS), and the Department of Justice (DOJ). These agencies may request additional evidence, issue notices of intent to deny, or require further clarification. As an experienced immigration lawyer, I can guide you through the process of responding to these requests and ensure that your case is presented in the best possible light.
Attending Interviews for Citizenship and Immigration Service
USCIS may require an in-person interview as part of the family-based immigration process, particularly for marriage-based cases. The purpose of the interview is to confirm the bona fide nature of the relationship and verify the information provided in the application. I can prepare you for the interview by providing guidance on the types of questions you may be asked and offering advice on how to present your case effectively.
Consular Processing
If the beneficiary is outside the United States, they will need to go through consular processing to obtain an immigrant visa. This involves an interview at a U.S. consulate or embassy in the beneficiary’s home country. As part of the consular processing, the beneficiary will be required to submit various documents, undergo a medical examination, and attend an interview with a consular officer. I can assist you in preparing for the consular processing stage and ensure that your case is well-presented and complete.
Appeals
In the event that your family immigration application is denied, you may have the option to appeal the decision. The specific process for appealing a denial depends on the type of application and the reason for the denial. As an immigration lawyer with experience in handling appeals, I can review your case, advise you on your options, and represent you throughout the appeal process.
Family immigration to the United States is a complex and often challenging process. As a professional immigration lawyer, my goal is to help you navigate this journey with confidence and ease. By providing guidance on marriage petitions, fiancé petitions, relative petitions, financial affidavits of support, applications for waivers, employment authorization petitions, and more, I can help ensure your family’s immigration experience is successful. If you are considering a family immigration visa, contact me today for a consultation and let’s begin the process of making your American dream a reality.