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By: Jarbath Pena Law Group
The holiday season is a time when families come together, but for many immigrants in the U.S., reuniting with loved ones can be complicated. Family-based immigration petitions allow U.S. citizens and permanent residents to sponsor their relatives, offering a path to bring them here legally.
However, these petitions have specific requirements, wait times, and documentation that must be carefully navigated.
Who Can You Petition For?
U.S. Citizens:
U.S. citizens have more options when it comes to sponsoring family members for immigration. They can file a petition for the following relatives:
Spouse: A U.S. citizen can petition for their foreign spouse, regardless of whether they are currently inside or outside the U.S.
Children: U.S. citizens can petition for their children, both unmarried minor children (under 21) and unmarried or married adult children (over 21). The process is faster for unmarried minor children, as they are considered “immediate relatives” and are not subject to visa limits.
Parents: A U.S. citizen who is at least 21 years old can petition for their parents. Similar to spouses and unmarried minor children, parents of U.S. citizens are classified as immediate relatives, meaning there are no numerical limits on how many visas are issued each year for this category.
Siblings: U.S. citizens who are 21 or older can also petition for their brothers and sisters. However, sibling petitions are part of the “family preference” category, and they tend to have the longest wait times due to annual visa quotas.
Permanent Residents (Green Card Holders)
Lawful permanent residents have more limited options. They can only petition for:
Spouse:
Permanent residents can petition for their spouse, but unlike U.S. citizens, their spouse does not fall under the immediate relative category and is subject to numerical limits, resulting in longer processing times.
Unmarried Children:
Green card holders can petition for their unmarried children, regardless of their age. However, once a child marries, the permanent resident parent loses the ability to sponsor them until the parent becomes a U.S. citizen.
Processing Times:
The speed at which a petition is processed largely depends on the family relationship and the visa category. Immediate relatives (spouses, unmarried minor children, and parents of U.S. citizens) have the advantage of not being subject to annual visa caps, making their process faster. However, petitions for siblings, married children, or other relatives in the family preference categories can take years or even decades due to visa backlogs.
Understanding who you can petition for and the potential wait times is essential for planning your family’s immigration journey.
Timing Considerations for the Holidays
While it’s possible to start the process now, it’s important to manage expectations, as family-based petitions typically take several months or even years depending on the category. During the holidays, travel can also be an issue for family members waiting for approval. Immigrants on pending applications should be cautious about traveling internationally, as this can disrupt their visa process.
Steps to Begin the Petition Process
File Relative Petition:
The U.S. citizen or permanent resident starts the process by filing the Family Relative Petition with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship and is the first step in bringing a family member to the U.S. Along with the form, supporting documents such as proof of your citizenship or residency and evidence of the relationship (like a birth certificate or marriage license) must be submitted.
Approval and Visa Processing:
Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for visa processing. The NVC will collect additional fees and documents, such as affidavits of support, and will assign a visa number if one is available. For immediate relatives (spouses, parents, and unmarried children under 21), visas are immediately available. For other categories, there may be a waiting period based on visa quotas.
Consular Processing or Adjustment of Status:
After the petition is processed, if the family member is abroad, they will need to go through consular processing, which involves an interview at the U.S. embassy or consulate in their home country. They will need to provide biometrics and undergo a medical examination. If the family member is already in the U.S. on a valid visa, they may apply for an adjustment of status to become a permanent resident without leaving the country. Both pathways require thorough documentation and can take several months to complete.
Preparing for Next Year’s Holidays
Although the process may not be completed in time for this year’s holidays, getting started now can help ensure your loved ones are with you for future family gatherings. By understanding the requirements and timelines, you can reunite sooner rather than later.
For more information or help with your family-based petition, contact us today. Our team is here to guide you through the process, ensuring your family can be together during the special times that matter most.
Call us today at (305) 615-1005 to schedule your consultation today.
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