What is Family-Based immigration, and How Does it Work?
Family-based immigration – an I-130 Petition for an Alien Relative – permits U.S. citizens, U.S. nationals, and lawful permanent residents to file immigration petitions on behalf of close relatives. The U.S. citizen/green card holder, and not the alien relative, is the petitioner in such cases.
If you want to petition for a spouse, child, parent, or sibling, discuss filing an I-130 with the experienced family immigration lawyers at Robert M. Bell P.A.
Types of Family-Based Petitions in the United States
U.S. citizens, whether by birth or naturalization, may file Form I-130 on behalf of the following relatives:
- Spouse
- Children
- Siblings
- Parents
Lawful permanent residents (LPRs) and U.S. nationals may file the same petition on behalf of their spouse or unmarried children, but they do not have the right to file for parents, siblings, or married children. Further, U.S. citizens must be over the age of 21 to petition for their mothers, fathers, or siblings and must submit proof of the legal relationship. You may not generally file for a stepparent or stepsibling, but certain rights extend to spouses and minor children of an otherwise approved LPR.
Filing an I-130 Application in Florida
Form I-130 controls all family-based petitions. No annual quotas restrict the number of immediate relative visas available each year to the spouse, parents, or unmarried children (under the age of 21) of U.S. citizens.
Visas are limited for other relatives, including siblings, married adult children, and the immediate relatives of LPRs. Petitioners must also submit substantial documentation during the application process, especially if the beneficiary is not lawfully present in the United States. This documentation generally includes the following:
- Proof of relationship (birth and marriage certificates)
- A verified legitimate (non-fraudulent) marriage
- Personal identifying information and biometrics for the petitioner and beneficiary (relative)
- Affidavits of financial support with three years of financial records
- Proof of U.S. citizenship
Suppose official documents are not available or obtainable, as often happens when your relatives are located in war zones or other rural areas. In that case, an experienced immigration attorney might help you obtain permissible secondary evidence. You also need a dedicated family-based immigration lawyer to file certain waiver documents, such as the I-601 and I-601A, if your relative is currently but unlawfully present in the United States.
Understanding the I-130 Approval Process
After submitting your I-130 and all necessary evidence, USCIS will assign the petition to one of its processing centers. You will also receive a ‘priority date’ for processing. During the initial processing period, you may be asked to submit additional documentation. It can take years to obtain an I-130 approval.
Once approved, the beneficiary will likely have to attend a medical exam followed by a visa interview in his or her country of lawful residence. Departure exceptions may apply to previous beneficiaries of approved I-130s. After your interview, USCIS will determine whether to grant the beneficiary lawful permanent residence in the United States.
Family-Based Immigration Lawyers in Florida
Although this process takes time, valid family-based immigration petitions have a high approval rate. Discuss filing immigration petitions for your parents, children, spouse, or siblings with our dedicated immigration attorneys at Robert M. Bell. Call (954) 241-4209 or connect with us online.