What is Family-Based Immigration, and Who Qualifies?
Being apart from your family is very difficult, particularly when complicated immigration laws stand in the way of being reunited with your loved ones. Every year there are only 480,000 family preference visas issued. This is one law outlined in the Immigration and Nationality Act (INA) and so, the process requires a great deal of commitment, perseverance, and patience. Below, our Manhattan immigration lawyer outlines more about family-based immigration and who qualifies.
What is Family-Based Immigration?
Family-based immigration allows lawful permanent residents and citizens of the United States to bring members of their family into the country. Family-based immigration is the most common form of immigration, making up two-thirds of immigration in the country. Lawful permanent residents and citizens of the United States can sponsor specific family members so they can obtain a green card. Immediate family members qualify for family-based immigration, as do individuals who fall in the family preference category.
Who Qualifies for Family-Based Immigration?
Only certain individuals qualify for family-based immigration. The individuals who qualify as immediate family members are as follows:
- Spouses of American citizens
- Unmarried children of American citizens who are under the age of 21 years old
- Parents of American citizens, if the U.S. citizen child is 21 years of age or older
The other category individuals can qualify under is the family preference category. These individuals include:
- First preference: Children of American citizens who are 21 years of age and older and who are not married
- Second preference: Children who are under 21 years of age and are not married as well as, spouses of lawful permanent residents
- Second preference: Children of lawful permanent residents who are 21 years of age or older and who are not married. These individuals can obtain an F2B visa instead of the F2A visa in the other second preference category.
- Third preference: Children of American citizens who are married
- Fourth preference: Siblings of American citizens, if the citizen is at least 21 years old
How to Apply for Family-Based Immigration
Applying for family-based immigration starts when the petitioner submits Form I-130, Petition for Alien Relative, to the United States government. After the application is approved and a visa number becomes available for the foreign family member, they can then apply for a green card. Immediate family members do not need to wait for a visa number.
The family-based immigration process is not a quick one. Those applying in the family preference category usually have to wait longer, as there are limited visas available and the demand is high. Immediate family members can typically obtain a green card faster.
Our Immigration Lawyer in Manhattan Can Help You Through the Process
If you are in the United States and want to help a family member enter the country, our Manhattan immigration lawyer can help. At Nunez Law Firm, our experienced attorney can guide you through the process so you and your family obtain the best possible outcome. Call us now at 917-708-1072 or fill out our online form to schedule a consultation and to learn more about how we can help with your case.