Do you know that US citizens or permanent residents have a right to sponsor a non-citizen family member of choice to move to the United States and become a permanent resident? This means that you, as a citizen, can help a non-citizen move to the United States, provided they are your family. This process is known as family-based immigration, and it is made possible by the family-based visa I-130.
Simply put, the process refers to a law that permits US citizens to bring their families into the country, by which they are granted the family-based visa I-130. It sounds easy and fair enough, and it can be if you know how to go about the whole process. Luckily, this article will tell you everything you need to know about the family-based visa I-130Â and how to apply for it.
Who Is Eligible for a Family-Based Visa I-130?
As mentioned earlier, family-based immigration allows United States citizens and legal residents to bring family members into the country. However, it is important to note that the family members allowed in this process are limited by how closely related they are. This means that some family members may not be eligible for the family-based visa I-130. Also, eligible family members can fall into one of two visa categories, including immediate relative visa and family preference visa. Here’s a breakdown of each category and the eligible family members. Â
- Immediate Family Visa: As the name suggests, this visa option is only available for close/immediate family members. The qualifying family ties include spouses, unmarried children, and parents, and the titles for each are as follows.
–Â Â Â Â Â Â Â Â The CR1 or IR1 visa title applies to spouses of US citizens or lawful permanent residents.
–Â Â Â Â Â Â Â Â The IR2 is reserved explicitly for unmarried children of US citizens below the age of 21.
–Â Â Â Â Â Â Â Â The IR5 caters to parents alien parents of US citizens or lawful permanent residents.
- Family Preference Visa: This family-based visa option is reserved for other close family members who do not qualify as immediate family. Note that this option is a little more strict and only allows a limited number of visas compared to the former option. The qualifying family ties include children and siblings, and here are the titles for each.
–Â Â Â Â Â Â Â Â F1 for unmarried children under 21 years old.
–Â Â Â Â Â Â Â Â F2 for married children over 21 years old.
–Â Â Â Â Â Â Â Â F5 for siblings.
How to Apply for a Family-Based Visa I-130?
Again, family-based immigration can be one of the most straightforward to secure, provided you know what you are doing. However, in any case, both parties must be actively involved for the process to be successful. That said, here are the steps to follow to successfully apply for and process a family-based visa I-130 in the United States.
- Apply for the Visa: The first step is usually taken by the legal citizen or sponsor, as they are referred to in this case. The sponsor is required to submit an immigration request via the United States Citizenship and Immigration Service, USCIS. The request requires the sponsor to fill and submit a form known as the form i-130 (petition for alien relative).
- Fee Payment: Once the application is processed and approved, then it’s time for step 2. You will be granted a personal visa number upon approval of step 1, and the number is what you’ll use for the rest of the process, including the payment section. Yes, the next step involves making the necessary payments, and it is also done by the sponsor. Some of the basic payments to expect are processing fees and affidavits for support fees.
- Online Registration: The acceptance of step 2 (payment) usually prompts the beneficiary to get in on the action by completing their online registration. The online registration process requires them to provide complete and accurate personal information. Note that the USCIS will check the information provided, hence the need to be truthful and accurate. Knowingly providing wrong information is known as falsehood, and it is usually a severe crime in the eyes of the immigration service.
- Interview: Once the information provided by the beneficiary is checked and cleared, they’ll be invited to the USCIS office for an interview. This interview is known as the visa interview, and it is one of the most important processes used to determine if a beneficiary is deserving of the family-based visa I-130. It is also the last step, and applicants will have to wait for a response after completing the interview. This waiting process can often take a while, depending on the option selected for immigration.
Do I Need a Lawyer For This Process?
The family-based visa I-130 still remains one of the easiest to secure, as far as visas are concerned. However, the process may sometimes not be as straightforward as expected, thereby triggering a few difficulties. Well, while no one ever wishes to encounter a hiccup in their immigration process, there’s no denying that the possibilities exist. Hence, it is a great idea to partner up with an immigration attorney from the very beginning.
Firstly, the fact that visa applications are a legal process means the advice and assistance of legal aid like immigration lawyers become priceless. Their experience and expertise in the process can be what it takes to tip the entire scale in your favor. Next, the fact that mistakes can be very costly when it comes to immigration makes it crucial to have a professional handle the whole thing on your behalf. Finally, you want to have a capable representative in the immigration court if a hearing is ever required, and who better, than an immigration attorney?
Coleman Law Group Can Help You
Getting your family-based immigration over the line can be easy indeed, but only if you go about it the right way. You’ll want to partner up with an immigration lawyer to make sure your case is being handled as smoothly as possible. Also, you should note that you can enjoy the best benefits of having an immigration attorney on your team when you hire a good one, and Coleman Law Group is the best in the business. At Coleman Law Group, we are everything you want your immigration attorney to be, and you can always count on us to help you.