Family Based Immigration

People who want to leave their home nation and become citizens of the United States of America are never in for an easy transition. Immigration laws are stricter than ever – the government simply cannot allow just anyone to move to the country at any time, or there would be some serious concerns about jobs and resources. However, there are a few routes that persons looking to immigrate might take that could significantly speed up the process of acquiring citizenship.

Family-based immigration is possible when a foreign national looking to relocated to the United States already has a relative, or relatives, permanently residing there. For this type of immigration to apply, applicants must prove that the family member in question both lives and works in the U.S. on a lawfully permanent basis.

Qualifications For Family-Based Immigration

Before any concrete steps can be taken towards achieving U.S. citizenship on family-based grounds, the relatives who qualify as “permanent residents” in the nation must first agree to sponsor the applicant. Family members such as cousins, aunts and uncles, grandparents, and in-law relations are not considered eligible to become sponsors.

Sponsors are required to be at least 21 years old before they can legally petition to have their family acquire U.S. citizenship.

Once a relative sponsor has been decided, applicants must file for immigration under an I-130 immigrant visa. This is known as a “Petition for Alien Relative.” This document is processed by the U.S. Citizenship and Immigration Services, or USCIS.

Visas: Immediate Relative v. Family Preference

There are two types of visas available to foreign nationals who wish to immigrate to the United States on family-based grounds:

Family Preference Immigrant Visas: This category is targeted towards applicants who are unable to obtain the sponsorship of an immediate family member, such as a mother, father, or spouse. “Distant” relatives who qualify for Family Preference visas include unmarried adult children, minor children, siblings and their spouses or children. However, these types of visas have limitations – only a certain amount may be filed per fiscal year.

Immediate Relative Immigrant Visas: Unlike family preference visas, this category is unlimited per fiscal year. Qualified applicants under this visa must prove that they are either the unwed children, prospective orphans, spouses, or parents of their sponsor (who, again, must be a permanent resident of the U.S.).

Hire An Immigration Attorney 

At The L.A. Law Group our team of has significant experience helping foreign nationals acquire United States citizenship on a family basis. The process is never a walk in the park, but it always goes smoother and more quickly when the applicant has the advice and representation of a skilled lawyer. Call us today or book an appointment to set up your Free Initial Consultation.