Understanding Family-Based Immigration
Are you interested in bringing family members into the USA? If yes, you’ll need to understand how family-based immigration works.
In order live and work in the USA, your family member will need to attain permanent resident status. They can get this through an immigrant visa or a green card.
Petitioners and beneficiaries
Every family-based immigration form will list two main parties, the petitioner (you) and the beneficiary (your family member).
To become a petitioner, you’ll need to be a US citizen or an LPR (lawful permanent resident). The petitioner will sponsor the green card and beneficiary will wait for it.
If the beneficiary has a spouse or children, they will be considered “derivative beneficiaries.”
Immediate Relative & Family Preference
Family-based immigrants are placed under two main categories: immediate relatives or family preference.
Immediate relatives are the US sponsor’s unmarried children, parents and spouses. Note that siblings are not included as immediate relatives. In fact, all other relationships fall under family preference categories.
So does it make a difference what category you fall under? Yes, it does.
While there are an unlimited number of visas available for immediate relatives, a limited amount are handed out to family members listed under family preference. Due to the limited number of family preference visas granted each year, there’s great backlog and obtaining a green card becomes much harder.
Priority Dates and the Visa Bulletin
With so many people applying for visas every year, there is bound to be a backlog. There is rarely a time where the number of visas being given out is in line with the amount of people filing for immigration.
Each beneficiary is placed on a waiting list and given a “priority date” which is when their I-130 petition if officially filed and accepted. Note that the acceptance date is NOT the same as date or approval.
Every month the US Department of State releases a bulletin which is reviewed by immigrants listed as family preference to see how close they are to the front of the line.
Application Process for Green Cards
The immigration process for family members begins with the petitioner requesting the American government to allow their loved ones to immigrate.
Form I-130 Petition will be filed with USCIS. In the form the petitioner will state that the beneficiary is a valid relative.
A priority date will be established for beneficiaries listed under the family preference category. The beneficiary can apply for a green card only after the USCIS approves the I-130 petition and when a visa number is available.
The process can get incredibly stressful if you’re not familiar with all the documents and their terms and conditions. It helps to have an experienced immigration law specialist which you can count on.
Milenkovic Law Group PLLC. has years of experience in providing immigration services to people looking to obtain resident status in the USA. We offer legal services in parts of New York including The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.
Contact us at 914-202-0610 to book an appointment for consultation on immigration.