Step-by-Step Guide: How to Apply for Family Immigration in the U.S.

Understanding Family-Based Immigration

Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor eligible family members to live in the U.S.

Types of Family-Based Visas:

• Immediate Relative Visas (Unlimited Quota): Spouses, unmarried children under 21, and parents of U.S. citizens.
• Family Preference Visas (Limited Quota): Siblings, adult children (married or unmarried) of U.S. citizens, and relatives of LPRs.

Step 1: Determine Eligibility

• U.S. Citizens Can Petition For:
  • Spouse
  • Children (under 21) and unmarried adult children
  • Parents (if the citizen is over 21)
  • Siblings (if the citizen is over 21)
• Lawful Permanent Residents (Green Card Holders) Can Petition For:
  • Spouse
  • Unmarried children of any age

Important Tip: Immediate relatives have shorter wait times than family preference categories.

Step 2: Prepare Form I-130 (Petition for Alien Relative)

The I-130 form is the foundation of your petition, proving your relationship to the family member you’re sponsoring.

Required Documents:

• Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, birth certificate, green card).
• Proof of family relationship:
  • Spouse: Marriage certificate, photos, joint lease, etc.
  • Child: Birth certificate showing the relationship to the sponsor.
• Passport-style photos (recent, color, with correct dimensions).

Pro Tip: If you’re petitioning for a spouse, include extra evidence to show the marriage is bona fide (real) and not for immigration purposes.

Step 3: File the Petition and Pay the Fees

1. Where to File: Submit the I-130 online via the USCIS website or mail it to the appropriate USCIS address.
2. Filing Fee: $535 (check the USCIS site for updates).
3. Receipt Notice: After filing, you’ll receive a receipt confirming your petition is being processed.

Important: Save copies of everything you submit for your records.

Step 4: Receive a Decision or Request for Evidence (RFE)

• Approval: USCIS forwards your petition to the National Visa Center (NVC) for further processing.
• Request for Evidence (RFE): USCIS may ask for additional documents if something is missing or unclear.
• Denial: If denied, the notice will explain why. You may be able to appeal or reapply.

Step 5: National Visa Center (NVC) Processing

Once approved, the NVC will guide you through the next steps.

• Submit Supporting Documents: Financial documents (e.g., pay stubs, tax returns) and Form I-864 (Affidavit of Support).
• Pay Fees: Immigrant visa application fee and affidavit of support fee (usually $325 and $120, respectively).
• Complete DS-260: This is the online immigrant visa application.

Step 6: Consular Processing or Adjustment of Status (AOS)

• Consular Processing (for relatives abroad):
  • Schedule a visa interview at the U.S. embassy or consulate.
  • Bring originals of all submitted documents.
• Adjustment of Status (for relatives in the U.S.):
  • File Form I-485 to apply for permanent residence.
  • Attend a biometrics appointment and an in-person interview if required.

Interview Tip: Be honest, organized, and bring all requested documentation.

Step 7: Visa Approval and Entry to the U.S.

Once the visa is approved:

• Your family member will receive a sealed visa packet to present at the U.S. port of entry (do not open it).
• After entry, the green card will be mailed to their U.S. address.

Conclusion

Applying for family-based immigration can be complex, but with the right preparation and guidance, it’s achievable. Stay organized, follow each step carefully, and don’t hesitate to seek professional help when needed.

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