Life as an immigrant isn’t easy. There are a myriad of personal and legal challenges that come along with living out the “American dream.” Regardless of your reasons for migrating to the states, it’s difficult to leave behind your home and the people that you love to start over in a foreign country. The good news is, now that you are here, you may be able to sponsor family members so that they can have that same opportunity.
In this blog, we’ll discuss 2 different types of family-based immigrant visas, mistakes to avoid that can hold up or compromise the application process, and address frequently asked questions that might be bogging you down. Let’s dive in!
What Is Family-Based Immigration?
When a foreign citizen seeks to live permanently in the United States, an immigrant visa (IV) is required. To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative already residing in the United States, who is also at least 21 years of age. This process is called family-based immigration.
Who Can File For Family-Based Immigration?
U.S. citizens can file an immigrant visa petition for their…
• Spouse
• Son or daughter
• Parent
• Brother or sister
U.S. lawful permanent residents (green-card holders) can only file for their…
• Spouse
• Unmarried son or daughter
What Are The Two Main Categories Of Family-Based Immigrant Visas?
According to the U.S. Department of State, the two categories of family-based immigrant visas are defined as follows:
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Specific Visas For Each Type Of Relative
| Immediate Relative Visas | Family Preference Visas |
|
The Immigrant Visa Process
Sometimes the steps of the visa application process can be meticulous and confusing. Below are 12 steps with corresponding links for further direction and other information regarding family-based immigration.
| Step 1: Submit A Petition |
| Step 2: NVC Processing |
| Step 3: Pay Fees |
| Step 4: Affidavit Support |
| Step 5: Financial Documents |
| Step 6: Online Application |
| Step 7: Civil Documents |
| Step 8: Scan Documents |
| Step 9: Submit Documents |
| Step 10: Interview Preparation |
| Step 11: Applicant Interview |
| Step 12: After The Interview |
Mistakes To Avoid
- Failing to meet all requirements
Since family immigrant visas involve lengthy application processes, it’s crucial not to overlook essential details, such as requirements. A common oversight is regarding translated documents. Immigration courts require that all submitted documentation must be in English or accompanied by a certified English translation.
- Failing to upload all necessary documents
Since financial and civil documents play a significant role in the immigrant visa process, it can be easy to leave out necessary documentation by the time you reach steps 8 and 9. Failing to upload all required documents the first time could result in your family-based immigration application being rejected.
- Forgetting to pay fees
There are two processing fees for which you’ll be responsible: the Immigrant Visa Application Processing Fee and the Affidavit of Support Fee. To pay these fees, you’ll need to access your immigrant visa account here and add a bank routing number along with a checking or savings account number from a U.S.-based bank. Don’t forget to complete this payment!
- Forgetting to be thorough
It’s understandable that you want to be reunited with your family as quickly as possible, but it’s important to be thorough and accurate throughout the entirety of your application process. This can help prevent mistakes that will hold you up.
- Giving false information
Whatever you do, make sure you answer every part of your application honestly. The U.S. government doesn’t take well to “accidents” when it comes to immigration and you don’t want to have to start the process over again.
Frequently Asked Questions
1. What happens if the application gets denied?
Denials can occur due to missing information (the most common reason), inadmissibility or ineligibility under the law, criminal history, and other grounds. If your application is denied, you will typically receive notification specifying the section of law that led to the denial.
The good news is that you can reapply. However, you will need to restart the process from the beginning and pay the application fees again.
2. I was found ineligible, can I be refunded?
No, unfortunately the required fees are non-refundable.
3. How long will it take to get a family-based immigrant visa?
The process isn’t fast by any means. Between 2013 and 2023, the median processing time for family-based immigration applications rose from 4.7 months to 11.8 months. While the timeline isn’t the most ideal, it reflects the complexity of the immigration process and the thorough review spent on each application.
How El Camino Inmigracion Can Help
If you’re looking to obtain a family-based immigrant visa for a loved one, there are various legal obstacles that can make the journey ahead difficult. The good news is that we can simplify the steps and procedures required so you don’t have to face them alone. David Lehr, our leading attorney and founder of El Camino Inmigracion, understands how isolating the immigrant experience can be. That’s why he is passionate about helping his clients achieve the best possible outcome, which in this case, is reuniting with your loved ones in America. If you need assistance with the family-based immigrant visa process, call our firm today to schedule a free consultation and learn what’s next.
