We help families navigate complex immigration law processes

Family immigration is one of the most common ways to obtain lawful permanent resident status in the United States, and it is a pathway that can help reunite and keep families together. Through this system, U.S. citizens and lawful permanent residents can sponsor certain family members for visas, allowing them, over time, to apply for a Green Card and, potentially, citizenship, if that is 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 an immigration attorney in Los Angeles during this process can make a significant difference in how long it takes and how difficult the process is.

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

What are the options for family immigration?

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

Immediate relative visas

If you are an immediate relative of a U.S. citizen, this is the most likely visa option to begin the process of obtaining a Green Card. U.S. Citizenship and Immigration Services defines an “immediate relative” as a spouse, child, or parent. That said, if you are the child of a U.S. citizen and apply for an immediate relative visa, you must be under 21 and unmarried. If you are the parent of a U.S. citizen, your child must be at least 21 before they can 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 valid for only two years, rather than the standard 10 years. The person must apply to remove the conditions after the two years have passed. At that time, they may be granted a regular Green Card valid for 10 years.

There is no annual limit for immediate relative visas, which can make this a faster way to obtain a Green Card, since you do not have to wait for a visa to become available or for a priority date.

Family preference visas

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

• F1 (first preference): for unmarried children of U.S. citizens age 21 or older.
• F2 (second preference): this category includes both spouses and unmarried children of lawful permanent residents. Spouses and children under 21 are processed under F2A, while children age 21 or older are processed under F2B.
• F3 (third preference): for married children of U.S. citizens and does not depend on age.
• F4 (fourth preference): this category includes the siblings of a U.S. citizen who is at least 21 years old.

The number of family preference visas is limited each year, which means there is a finite number of visas available. Visas are allocated by preference, which means it can take several years for a visa to become available for lower-preference categories, such as F3 and F4. Family preference categories may allow spouses and minor children to obtain visas at the same time as the immigrant named in the petition. You should seek advice from an experienced immigration attorney to help you determine your eligibility.

What are the eligibility requirements for family immigration?

Those applying for a family-based immigrant visa must be admissible to the United States. You must undergo a medical exam to show that you are free of certain diseases and up to date on required vaccinations. A criminal record or prior 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 completely ineligible. An immigration attorney can review your history with you to identify any grounds of inadmissibility 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 a U.S. citizen or a lawful permanent resident. What is required depends on the family relationship between the sponsor and the beneficiary. Generally, the sponsor must 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 income and financial asset requirements to show they can support their family member.

What are some common challenges in family immigration?

Family immigration is one of the more straightforward ways to obtain a Green Card, but some common obstacles can arise.

Difficulty obtaining documentation

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

Delays

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

Admissibility issues or prior immigration history

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

Our immigration law firm can help you with complex immigration processes and ensure you have legal guidance to address any difficulties that arise.

Does family immigration offer a pathway to citizenship?

For many people, becoming a naturalized citizen is the ultimate goal of their immigration journey. Family immigration allows those who obtain a Green Card to, over time, 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 physical presence requirements, as well as pass the English and civics tests. You must also have demonstrated good moral character during the previous 5 years.

Whether your goal is to apply for citizenship in the future or you simply want to reunite 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 immigration pathway could look like for you based on your circumstances when you call (323) 672-4423 to speak with an attorney.