Family reunification is at the core of U.S. immigration law. Family-based immigration enables immediate relatives of U.S. citizens (USC) and lawful permanent residents (LPR) (Green Card Holders) to immigrate to the United States. Immediate relatives include spouses of USCs, unmarried minor children of USCs, and parents of USCs. These individuals can start the immigration process immediately without any waiting period.
The family members immigrate to the U.S. either as immediate relatives of USCs or through the family preference system. Under the family preference system, As there are limited number of visas available every year under this system, backlog develops obviously because there are more applicants than the number of visas available.
Preference system:
Certain relatives of USCs and all the relatives of LPRs are subject to numerical restrictions applicable to their respective categories. There are four family-based preference categories. The first preference category is unmarried adult (over the age of 21) children of USCs. The second preference category is separated into part A and part B. Part A consists of the spouses and unmarried children (under the age of 21) of LPRs. Part B consists of unmarried adult (over the age of 21) children of LPRs. The third preference category consists of the married children of USCs. The fourth category consists of the siblings of USCs. The U.S. Department of State publishes “Visa Bulletin” which provides the list of priority dates being currently processed in a specific preference category. Click here to view the current visa bulletin.
The General Process
Both immediate relatives and family preference relatives must first file a Form I-130 with the United States Citizenship and Immigration Services (USCIS). To secure an approval, this form needs to include documentary evidence to prove the relationship between the petitioner and beneficiary and the U.S. immigration status of the petitioner. In spouse cases, documentation of a bona fide (genuine) marriage is required. Further in all cases, the petitioner must also provide documentation to prove they can financially support the beneficiary or they must provide a joint sponsor to supplement this.
Once the I-130 is approved immediate relatives may apply immediately for adjustment of status to that of an LPR (green card holder) if they are in the U.S. or start consular processing to obtain the green card if they are outside the United States. For preference category relatives they may do the same once a visa is available to them meaning their I-130’s priority date is current in the visa bulletin.