Immigrating to the United States Through Family

By Stephanie Dy, Attorney at Parikh Law Group

If you have close family members in the United States, you may often be considering how to immigrate to join them and build a life stateside, but are just overwhelmed by the process.  Navigating the labyrinth of US immigration laws indeed can often be daunting with legal terminology, seemingly complex processes, and deadlines that can be overwhelming. Here we provide a quick overview of the process.

Foreign nationals with relatives in the US who are either US citizens or lawful permanent residents (“green card holders”) may be eligible to immigrate through these family ties. A key factor of this is the closeness of the relation to the US person.  US citizens, for example, can petition a broader range of relatives.  They can petition immediate relatives – parents and spouse, unmarried children under 21, including adopted or stepchildren. They can also petition adult and/or married sons and daughters, and even siblings.  Lawful permanent residents or green card holders can petition spouses and unmarried minor children.

The immigration process begins with an I-130 petition filed by the US person with USCIS. USCIS establishes a “priority date” for the petition, based on the filing date. Immediate relatives of US citizens can immigrate without being subject to any annual limits or quotas. Therefore, they do not have to contend with “priority dates” and can commence the immigration process any time.  Other relatives however are subject to annual numerical limits, often informally referred to as “quotas” – and this is where the priority dates come into play. Non-immediate relatives or foreign relatives of US persons who are subject to numerical limits can only immigrate when the immigrant visas become available based on the priority date for their preference category.  These include unmarried sons and daughters of US citizens, unmarried sons and daughters of lawful permanent residents, married sons and daughters of US citizens, and siblings of US citizens.  Spouses and unmarried minor children of these preference category relatives may join the principal relation as derivatives or dependents.  The US Department of State publishes a monthly Visa Bulletin which shows the priority dates for all categories.

When the I-130 petition is approved, the next stage of the process depends on where the foreign relative resides.  If the foreign relative is already lawfully present in the US – for example, in a different visa status such as the H-1B, they may be eligible to apply for permanent residency while in the US when they become eligible to under their priority date.  The foreign relative may also apply for authorization to work and travel while the green card application is pending with USCIS. On the other hand, if the foreign relative is overseas, USCIS will forward the approved I-130 petition to the National Visa Center (NVC).  NVC will notify the foreign national when they are eligible to start the process.  NVC will also invoice for visa and related fees. Once the NVC fees are paid, the foreign relative can work on completing the DS-260 and financial sponsorship forms, and submitting documentation including civil documents and security clearance, as well as physical examination. NVC forwards completed applications and documentation to the relevant consulate or embassy for scheduling and interview at the proper time. When the foreign relative passes the interview, the consulate will issue an immigrant visa to enter the US.  The “green card” itself will be mailed to the foreign relative’s US address, once the foreign relative actually enters the US.

By adhering to the guidelines and seeking legal assistance when needed, it becomes less time consuming for you to navigate the process – from determining eligibility including assessing for disqualifiers or issues, to filling forms and putting the evidence together, and just addressing issues that may come up during the process.

How Parikh Law Group can help:

Immigrating to the US through family ties can be complex and time-consuming to many.  To ensure a smooth process, it is advisable to seek help from an experienced immigration lawyer.

At Parikh Law Group, we have a dedicated team of immigration attorneys who can assist you, evaluate your eligibility and options, and guide you through each step of the process.  If you are considering immigration of or via the assistance of a family member, reach out to us at (312)725-3476 or visit us at www.plgfirm.com