Bringing someone you love to the US can be a dream come true. But is it as easy as it sounds? How does it work? Should you talk to a lawyer before taking matters into your own hands?
After you become a US citizen, things get much easier for you. But being away from your loved ones can prove challenging after a while.
Even when family members get a tourist visa, they can only legally spend up to six months in the US. Luckily, there are ways for your family to become green card holders and reside in the US on a more permanent basis.
Let’s discuss the steps required to bring a loved one to the USA and understand family-based migration.
The Steps for Bringing Someone You Love to the USA
Having a family member come legally to the USA for an indefinite amount of time requires certain steps. Let’s examine them and see how you can follow them to simplify this process.
First of all, you must already be a US citizen or a green card holder to be able to bring someone from your family to the US.
- Conveying the purpose – The first step is filing a petition (Form I-130) expressing your desire to bring a family member to the US. This petition must show a special family connection with the person you want to bring over.
- The designated date– The government will establish a priority date for your petition. That is when the family member can start their journey to the US.
- Patience is key– More often than not, you must exhibit patience. The waiting period can vary greatly for diverse reasons, from family relationships to the member’s origin. So, all you can do after filing the petition is wait for the designated date.
- Initiate the Visa application– Once the designated date is here, the family member can start the visa application process. They must address the US Embassy or Consulate in their home country.
- The interview– Before the journey takes place, the family member must pass an interview with an immigration officer. This is when the loved one must show they meet all the visa requirements.
- The evaluation– The family member must go through a medical examination to show they are in good health for the time they will spend in the US.
- The approval– If every previous step is done correctly and the government officials are satisfied, the visa gets a green light. That is the final clearance before the family member can board the plane to the US.
- Departure – The family member can now fly to the US with an approved visa. That means you can reunite with your loved ones and start a new life in the USA!
Who Can Apply for a Family Immigrant Visa?
Family immigrant visas are a special type of visa that the US provides to US citizens and green card holders (permanent residents). It allows them to reunite with their loved ones. But it only applies to eligible family members. Let’s discuss the eligibility criteria.
There are two types of eligible people: immediate family members and family preference categories.
Immediate family members have a special status and can enjoy an unlimited number of visas. They include spouses of US citizens, unmarried children (persons under 21 years) of US citizens, and orphaned children adopted abroad by a US citizen.
Apart from the immediate relatives, there are some family preference categories that are issued a limited number of visas annually. They include the following:
- F-1 (Family First) – Unmarried sons and daughters of a US citizen, along with their minor children
- F-2 (Family Second) – Spouses, minor children, and unmarried children (21 years old and older) of green card holders
- F-3 (Family Third)– Married children of US citizens, their spouses and children
- F-4 (Family Fourth) – Siblings of adult US citizens, their spouses, and minor children
Why You Should Hire a Lawyer for Your Loved One’s Immigration
The immigration process can be tricky, so hiring a lawyer to do it for you can make all the difference. As one of the most popular immigration locations in the US, New York has many professionals with experience who are ready to help. Click here to find a few top immigration lawyers in New York. They can help you with the following:
- Guidance—An immigration lawyer is well-versed in the specific law and can help you through the process, ensuring every step is correctly completed. Moreover, they can explain your options, helping you make an informed decision based on your specific situation.
- Assistance with paperwork– The immigration process involves a lot of paperwork. The lawyer can assist you in filling out the right forms accurately, increasing your chances of success. Errors in the application can prolong or delay the process. The lawyer can help you avoid mistakes.
- Complex cases– Lawyers can provide expertise and support in complex cases, such as those in which a family member is facing deportation.
- Court representation – In legal proceedings, a lawyer can be at your side to increase your chances of success with proper representation.
Conclusion
Family-based immigration is a valuable pathway for reuniting families in the U.S. Understanding the eligibility requirements, navigating the application process, and being aware of potential challenges are key to successfully bringing your loved ones to America.
While the journey may be lengthy and complex, the reward of family reunification makes it worth it. And with legal assistance from a lawyer, the entire process can be handled responsibly, with peace of mind.