In the United States, family-based immigration permits U.S. citizens and lawful permanent residents (green card holders) to petition for their relatives to immigrate. Specifically, this process is primarily governed by the Immigration and Nationality Act (INA). Moreover, it is categorized into two main types: Immediate Relative Petitions and Family Preference Petitions. This U.S. family member petition article is explained in detail.
Immediate Relative Petitions
Immediate relative petitions are designed for close family members of U.S. citizens. The following relationships qualify:
- Spouse of a U.S. citizen
- Unmarried children under the age of 21
- Parents of U.S. citizens who are over 21 years old
There is no cap on the number of visas available in this category, meaning immediate relatives do not have to wait for a visa number to become available after their petition is approved.
Application Process for Immediate Relative Petitions
To initiate the process, the petitioner must file Form I-130, Petition for Alien Relative. This form establishes the qualifying relationship necessary for the relative to apply for a Green Card. If the relative is already in the U.S., they can concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, allowing them to adjust their status without leaving the country.
Family Preference Petitions
Family preference petitions are available to U.S. citizens and green card holders but involve more distant relatives and are subject to annual numerical limits. The categories include:
- First Preference (F1): Unmarried children over 21 of U.S. citizens
- Second Preference (F2A): Spouses and unmarried children under 21 of lawful permanent residents
- Second Preference (F2B): Unmarried children over 21 of lawful permanent residents
- Third Preference (F3): Married children of U.S. citizens
- Fourth Preference (F4): Siblings of U.S. citizens
Each category has a limited number of visas available each year, leading to longer wait times depending on the applicant’s priority date—the date when the I-130 form was filed.
Application Process for Family Preference Petitions
Similar to immediate relative petitions, Form I-130 must be filed for each relative seeking immigration. However, applicants in family preference categories must wait until a visa number becomes available before applying for a Green Card through Form I-485 or consular processing if they are outside the U.S.
Important Considerations
- Documentation: Both petitioners and beneficiaries must provide various documents, including proof of citizenship or permanent residency and evidence establishing their familial relationship.
- Financial Support: Petitioners may need to submit an Affidavit of Support (Form I-864) to demonstrate they can financially support their relative upon arrival in the U.S.
- Processing Times: The processing time can vary significantly based on the type of petition and the applicant’s country of origin, especially for family preference categories due to annual caps on visas.
- Legal Assistance: Given the complexities of immigration processes, consulting an immigration attorney can help ensure you meet all requirements and file your applications correctly.
Understanding these distinctions and processes is crucial for effectively navigating family-based immigration in the United States.
The Importance of Multiple Petitioners
Why Have More Than One?
The immigration process can be lengthy and unpredictable. Life events such as the death of the petitioner or a loss of interest in sponsoring the immigrant can disrupt the journey to a green card. To safeguard against such uncertainties, having multiple U.S. family members petition is a wise move.
Understanding the Petitioner’s Role
In U.S. immigration terms, the person who initiates the immigration process on behalf of the intending immigrant is known as the petitioner. This individual must file a visa petition using Form I-130, issued by USCIS. While often referred to as a “sponsor,” it’s important to note that a sponsor also implies financial responsibility, which can extend beyond the petitioner.
The Speed Factor: Who Gets the Green Card Fastest?
Different family relationships can lead to a U.S. green card at varying speeds. Immediate relatives, such as spouses, parents, or unmarried children of U.S. citizens, fall into a category with no annual limits. Their green card applications move as swiftly as the government’s processing allows. In contrast, family relationships categorized under “preference” face annual limits on immigrant visas. This can result in extended waiting periods, with sibling petitions experiencing some of the longest delays.
Navigating the Visa Bulletin
To determine which family relationship will expedite the green card process, consult the Visa Bulletin published monthly by the U.S. State Department. This resource lists preference categories and their corresponding “priority dates,” which represent the submission dates of Form I-130 for eligible individuals. The priority date’s position directly correlates with the expected wait time. For example, a married person with U.S. citizen parents and siblings might find that their green card processes faster through their parents, as category F3 typically advances more quickly than category F4.
Identifying Opportunities: No Wait Categories
In some fortunate cases, the Visa Bulletin may feature a “C,” which indicates that there is no wait. This has often been the case for category 2A in recent years, allowing spouses and children of permanent residents to progress swiftly through the process.
When to Consider Multiple Petitioners
Immediate Relatives: A Clear Choice
When one of the potential petitioners falls into the immediate relative category, it’s usually best to file a single application and await the outcome. This category has the advantage of expeditious processing.
All Other Situations: A Prudent Strategy
In scenarios where there’s no immediate relative petitioner, it’s wise to consider multiple petitioners. Life is unpredictable, and unforeseen events can disrupt the process. If the petitioner passes away before the green card is granted, remedies like “humanitarian reinstatement” or special laws may apply, but success isn’t guaranteed.
The Bottom Line
Having more than one U.S. family member serve as a petitioner can be a strategic move in the immigration process. While immediate relatives usually provide the fastest path, unforeseen circumstances can arise. Multiple petitioners offer a safety net, ensuring that the immigration journey continues, even in the face of adversity. By filing multiple I-130 petitions, you maximize your chances of success without significant additional costs. However, it’s crucial to consult with an experienced immigration attorney for guidance for your U.S. family member petition.
Getting Legal Assistance
If you have questions about which family members can and should petition for your immigration, or if you need assistance with preparing the necessary paperwork and monitoring your application, consult an experienced immigration attorney.
In summary, the immigration process is a journey with many variables, and having multiple petitioners can be a strategic advantage. While immediate relatives enjoy expedited processing, it’s essential to prepare for the unexpected. With careful planning and the support of legal experts, you can enhance your chances of successfully obtaining a U.S. green card.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your U.S. family member petition straightforward and successful. Whether you’re applying for an Immediate Relative Visas or Family Preference Visas, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for their U.S. family member petition. Call us today at +234 812 5505 986 to learn how we can assist you.
