Planning to do Family-Based Immigration? Consider This.

There’s a reason why family-based visas are the most sought-after in the United States and beyond. Well, it goes without saying that being separated from one’s family can be difficult to handle. It even gets worse when your family is a whole country or continent away. All the complex immigration laws in place can sometimes stand as a barrier for family members looking to reunite. Luckily, it is possible to have your family member over to be with you in the United States, and that’s where family-based immigration comes in.

However, like every other immigration option, the process can be quite complicated. So, you’ll want to plan appropriately before you go ahead with the process. Here, this article will tell you everything you need to know about family-based immigration while highlighting the things to consider when planning.

What is Family-Based Immigration?

As the name implies, family-based immigration is an immigration option that allows foreign family members of US citizens and legal residents to come into the United States. This visa option aims to allow family members to reunite and enjoy the warm comfort of being back together. 

Firstly, each family member falls under a different family-based category. Next, the number of visas you get can be limited if the family member is not an immediate relative. 

How to Apply for Family-Based Immigration

Family-based immigration often actively involves all parties involved. That is, the US resident is referred to as the sponsor, and the incoming family member is called the beneficiary. Here are the steps to apply for a family-based immigration visa;

  • First, the sponsor, or the petitioner, in this case, needs to submit an immigration request to the US government. To make this request, the petitioner is expected to fill out Form I-130 (Petition for Alien Relative). The requests are channeled through the United States Citizenship and Immigration Service, where it is processed before approval.
  • After approval, a visa number will be made available for the applicant. This means that they can now begin the visa application process by making the necessary payments, including the processing fee and the affidavit for the support fee.
  • The next step is online-based and requires the beneficiary to provide their complete personal information. This information must be correct, too, as it will be thoroughly checked for falsehood ( which is a serious offense).
  • If the information provided is verified, the applicant will be invited for an interview. This is the last step, and depending on the outcome, it can significantly affect the entire process.
  • Once the interview is completed, then you only have to wait for the processing to complete. Note that the period of processing can be different depending on the option selected.

5 Things to Consider When Planning for Family-Based Immigration

As far as visa applications go, the success of this process can depend on how well you prepare for it. That said, here are the top things to consider before starting your family-based immigration visa application.

  • Qualification

The first consideration is the qualification and consent of both parties involved as the sponsor and beneficiary. To act as a sponsor for an aspiring immigrant, you must be a US citizen or a lawful permanent resident. You must also be 18 years or older to qualify for this position. The beneficiary, on the other hand, must be directly or indirectly related to you, which is the bare minimum. You must also provide ample evidence that the beneficiary is not being forced or coerced to make this move.

  • Viable Option

The next consideration has to involve assessing the available options to know which one applies most. Note that there are two viable options when it comes to family-based immigration: the immediate family visa and the family preferences visa. The first option applies to immediate family members like spouses, parents, and unmarried children under 21. Also, the visa titles for this option include IR1 for spouses, IR2 for children, and IR5 for parents.

The other option, which is the family preference visa, caters to siblings and children. It is slightly more complicated, and the visa issued per year is limited. However, the visa titles for this option are F1 and F3 for children and F5 for siblings.

  • Finances

The next thing to consider when planning for family-based immigration is finance. As a sponsor in this migration option, you are responsible for the well-being and care of the beneficiary. This means that you need to be able to take on their financial responsibilities for a specified period. This aspect may also be checked during the qualification process, and the visa application process can be denied if you don’t have sufficient funds.

  • Living Arrangements

Another critical consideration when planning a family-based immigration is accommodation for the potential immigrant. This is another aspect that might affect the application process. If you have enough space to accommodate the beneficiary, then you’re good to go. However, you may need to make other living arrangements, like purchasing or renting an apartment, if your house is not big enough.

  • Potential Legal Complications

This is one of the most important considerations because of how often complications occur during these processes. And it is no surprise, considering how demanding the entire immigration program can be. However, you can stay on top of the situation by preparing for such occurrences before they happen, and the best way to do this is by hiring an immigration attorney. These professionals can help you have a relatively smooth and stress-free application process. And as a bonus benefit, you can count on them to promptly spot and rectify any legal issues that may arise.  

Coleman Law Group Can Help You

The benefits of having an immigration attorney to help with your family-based immigration can not be stated enough. The Coleman Law Group is committed to getting the best outcomes for our clients. Call us today to schedule a free consultation, so you can learn what we can do for you! 

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