Helping Families Navigate Complex Immigration Law Processes

Family-based immigration is one of the most common ways people obtain lawful permanent resident status within the United States, and it’s a pathway that can help bring and keep families together. Through this system, U.S. citizens and lawful permanent residents can sponsor certain family members for visas, allowing them to eventually apply for a Green Card and potentially citizenship, if that’s one of their goals.

The immigration process is complex, and each situation is slightly different, with factors such as the sponsor’s status and the nature of the family relationship requiring different approaches. Having legal assistance from a Los Angeles immigration attorney during this process can make a significant difference in the time it takes and the difficulty of the process.

At Mi Sueño Americano, we help bring families together by guiding sponsors and their family members through the immigration process. Call (323) 672-4423 to talk to an attorney about your options.

What Are the Options Under Family-Based Immigration?

The best path for family-based immigration depends on the relationship you have with your sponsor and whether they are a U.S. citizen or lawful permanent resident. Family-based immigrant visas are available in two categories.

Immediate Relative Visas

If you are the immediate relative of a U.S. citizen, this is the most likely visa option to start the process of getting a Green Card. The U.S. Citizenship and Immigration Services office defines “immediate relative” as either a spouse, child, or parent. That said, if you are a child of a U.S. citizen seeking an immediate relative visa, you must be under the age of 21 and unmarried. If you are the parent of a U.S. citizen, your child must be at least 21 years old before they sponsor you for immigration.

Immediate relative visas include:

• IR1/CR1 for spouses
• IR5 for parents
• IR2/CR2 for children

The difference between IR and CR visas is that CR visas are considered conditional visas. This means the Green Card associated with that visa is only valid for two years, instead of the standard 10 years. The person must request that their conditions be removed after the two years have elapsed. At this point, they can be granted a regular Green Card that is valid for 10 years.

There is no annual cap on immediate relative visas, which can make this a faster way to get a Green Card because you don’t have to wait for a visa to become available or a priority date.

Family Preference Visas

Family preference visas are used when lawful permanent residents sponsor specific family members or for more distant relatives of U.S. citizens, such as adult children and siblings. Someone with lawful permanent resident status is only able to sponsor a family preference visa for a spouse or an unmarried child. Family preference visas are divided into four categories:

• F1 (First Preference): This is for unmarried children who are  21 or over of U.S. citizens.
• F2 (Second Preference): This category includes both spouses and unmarried children of lawful permanent residents. Spouses and children under the age of 21 file under F2A, while children 21 or older file under F2B.
• F3 (Third Preference): This is for married children of U.S. citizens and is not dependent on age.
• F4 (Fourth Preference): This category includes siblings of a U.S. citizen who is at least 21 years old.

The number of family preference visas is capped each year, which means there is a finite number of visas to go around. Visas are distributed according to preference, which means it can take several years for lower preference categories, such as F3 and F4, to have a visa available.  Family Preference Categories visa may allow spouses and minor children to obtain visas at the same time as the immigrant mentioned in the petition. You should seek counsel from an experienced immigration attorney to assist in determining your eligibility.

What Are the Eligibility Requirements for Family-Based Immigration?

Those seeking a family-based immigration visa must be admissible to the United States. You must have a medical examination to show that you are free of certain diseases and up to date on the required vaccinations. A criminal history or previous immigration violations can also make you inadmissible. For example, if you were convicted of a violent crime or were previously removed from the United States, this could require you to file a waiver or make you ineligible entirely. An immigration attorney can go over your history with you to identify any bars to admission and what you can do to overcome them.

Just as there are specific eligibility requirements for the person immigrating to the United States, there are also specific criteria the sponsor must meet. The sponsor must be either a U.S. citizen or a lawful permanent resident. What is required depends on the family relationship between the sponsor and the sponsee. The sponsor generally needs to be at least 18 years old, but some visa types require the sponsor to be 21 or older. There must be sufficient documentation supporting the qualifying family relationship, and the sponsor must meet the income and financial asset requirements to show that they are able to support their family member.

What Are Some Common Challenges in Family-Based Immigration?

Family-based immigration is one of the simplest paths to a Green Card, but there are some common obstacles that may arise.

Difficulty Obtaining Documentation

The family-based immigration process requires sufficient proof of both the qualifying family relationship and your admissibility to the United States. Depending on family circumstances, these documents can be challenging to obtain. For example, if a parent was never listed on the birth certificate for a child, it can be difficult to establish a familial relationship. If you’re not sure what you need, an attorney can help you identify records that will fulfill the requirements and ensure you have English translations of all documents.

Delays

For lower preference categories, it can take years for a visa to become available, depending on the number of applicants in the higher preference categories and the current backlog. Delays can also happen if your application is incomplete and requires a Request for Evidence.

Challenges With Admissibility or Prior Immigration History

If you previously had an unauthorized presence in the United States or have been subject to removal proceedings before, it can affect your eligibility for a family visa or Green Card. A criminal record and specific health conditions can also create issues.

Our immigration law firm can help with the complex immigration processes and ensure you have legal counsel who can help you address any challenges that come up.

Does Family-Based Immigration Offer a Path to Citizenship?

For many people, becoming a naturalized citizen is the end goal of their immigration journey. Family-based immigration allows those who become Green Card holders to eventually apply for U.S. citizenship. In general, you must have your Green Card for five years (three if you are married to a U.S. citizen) before applying for naturalization. To be eligible, you must meet the physical presence requirements as well as pass the English and civics tests. You must also have shown good moral character for the previous 5 years. 

Whether you eventually want to apply for citizenship or you just want to be reunited with your family, Mi Sueño Americano is here to make the process as simple as possible. Learn more about the process and find out what the family-based immigration pathway could look like for you based on your circumstances when you call (323) 672-4423 to speak to an attorney.