Petitioning for Family Members to Immigrate to the United States In Phoenix
Family-based immigration has two main avenues for petitioning on behalf of an immigrant family member: immediate relative categories and family preference categories. If someone wants to petition for an immigrant visa for their family member, that family member will fall into one of those two categories. These categories separate applicants based on the relationships between the immigrant and the sponsor. They also determine the immigrant’s priority in terms of receiving a green card.
At Ybarra Maldonado Law Group, our Phoenix family immigration lawyers have extensive experience helping individuals obtain green cards. Our priority is to help families stay together, so we’ll do whatever it takes to give your case the best possible chance of a favorable outcome.
What Are the Different Family Preference Categories in Immigration?
Immediate relative categories generally receive higher priority for getting green cards, but other family members with qualifying relationships still fall into the family preference categories. In these categories, qualifying family member relationships include the following, according to USCIS.
The second preference category is split into two subcategories. The first subcategory, F2A, includes spouses and unmarried children of permanent residents.
What Are the Eligibility Requirements for Family Preference Categories?
In general, the process of family-based immigration begins when a U.S citizen files Form I-130, Petition for Alien Relative. This document intends to establish a qualifying relationship between the petitioner and the intending immigrant. It is also a request for a visa number for the foreign family member. To be eligible for a family preference visa, filers must meet the following requirements.
The U.S. citizen must file Form I-130 and petition on behalf of the foreign family member. This petition must establish a legitimate family preference relationship between the foreign family member and the petitioner.
The petitioner must document the qualifying relationship with evidence. This typically includes birth certificates, marriage certificates, and proof of a bona fide marriage in certain cases.
The foreign family member must then apply for their green card. There are two methods through which they can do this: consular processing and adjustment of status.
Then, the petitioner must prepare and file Form I-864, Affidavit of Support on behalf of their immigrant family member. Form I-864 serves to show that the petitioner can adequately financially support the immigrant family member so that they do not become a public charge. Generally, the requirement the petitioner must meet is making at least 125% of the federal poverty level. Having additional or joint sponsors is an option for those who cannot meet the financial requirements on their own.
Finally, the intending immigrant must demonstrate that they are not considered inadmissible to the United States.
What Are Grounds of Inadmissibility for Family Preference Immigrants?
Before family preference or immediate relative immigrant visas are approved, the intending immigrant must not be considered inadmissible under Section 212 of the Immigration and Nationality Act. There are several grounds for inadmissibility to understand. Some of the most commonly cited grounds of inadmissibility include the following.
Health grounds: Intending immigrants must undergo a medical examination by a USCIS physician. This examination aims to verify that the intending immigrant is not a risk to public health. Examples of public health risks include carrying certain diseases or having certain physical or mental disorders that could pose a danger to others.
Immigration violations: If someone violates the terms of their immigration status, or they are found to be in the United States unlawfully, this could lead to inadmissibility. USCIS will investigate whether someone has misused or overstayed their visa in the past.
Criminal records: USCIS will also investigate each intending immigrant’s criminal background. Certain crimes, such as aggravated felonies or those involving drugs, can result in inadmissibility.
Unauthorized employment: If an immigrant does not receive work authorization before working in the United States, this could lead to their inadmissibility in the future.
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How Can a Family Preference Immigrant Apply to Become a Lawful Permanent Resident?
After USCIS and the National Visa Center review the I-130 petition and approve it, the intending immigrant may then apply for a green card. They can achieve this through one of two paths: adjustment of status and consular processing.
Adjustment of Status
If the intending immigrant is already present in the United States with nonimmigrant status, such as those on student visas or work visas, they can adjust their status from within the U.S. They can adjust their status to achieve lawful permanent resident status. However, this is the less common path for immigrants to obtain green cards, as it is available for a select few.
Consular Processing
If the intending immigrant is in a country outside the United States, consular processing allows them to submit their immigrant visa petition from that country. They can do this at either a U.S. embassy or consulate. This is the more common path for immigrants to obtain green cards.
Checking the Visa Bulletin for Wait Times
Each year, USCIS issues a limited number of family preference immigrant visas. For this reason, most applicants will have wait times before they can obtain an immigrant visa. It is a first-come first-serve process, meaning the sooner one submits their application, the better. The U.S. Department of State uses the I-130 petitioner’s filing date as their “priority date.” The earlier the priority date, the earlier they can receive a visa number.
Hundreds of thousands of I-130 petitions are submitted every year, so wait times often exceed a full year. To keep up with your wait time to receive your visa number, monitor the Department of State’s Visa Bulletin. This bulletin is updated each month with information for many different categories, including family preference categories. Our attorneys can help you if you are unsure of how to read the Visa Bulletin.
Contact a Phoenix Family Immigration Attorney at Ybarra Maldonado Law Group Today
At Ybarra Maldonado Law Group, we believe in the power and necessity of family relationships. We also believe that keeping families together is paramount, which is why we fight so fiercely on behalf of our clients. If you are considering family-based immigration, the skilled legal professionals at Ybarra Maldonado Law Group have you covered.
We have handled countless family immigration cases and achieved stellar results for the families and communities we serve. For all your Phoenix immigration needs, look no further than YMLG.
To schedule a case evaluation with us about your case, please call our office at (602) 905-9299 today.
