There are many routes to enter the United States, one of which is the Family-Based Visa I-130.
From its name, this visa category caters to family members of existing US citizens and permanent residents. However, one question people often ask is who qualifies for this visa.
What is The Family-Based Visa I-130?
If, as a US citizen, you want to help a family member obtain a green card, the first thing you’d need to do is petition. This means you’ll need to fill out the Family-Based Visa I-130. This form is also known as the “Petition for Alien Relatives.” And filling out the form is your way of informing the government that your relative qualifies for a green card.
However, while this is a petition for the United States government to give your family member a green card, you should note that it’s not automatic. It doesn’t guarantee your family member a visa or a green card.
As the USCIS website states, it is only the first step of the process. Thus, filling out the Family-Based Visa I-130 or its approval does not give your relative immigration status or benefits.
The USCIS will generally approve the form after you’ve established a qualifying relationship between you and the said relative. It is this relationship that qualifies your family member for immigration to the United States. Also, it is after the approval of the petition that your relative can then go ahead with their application for a green card.
But then, as you’ll see from the next section of this article, not all relatives qualify for this kind of visa. However, there are other types of visas you can still explore if your relative does not qualify for the Family-Based Immigration visa.
Who Qualifies for The Visa I-130?
It’s one thing to apply for the Family-Based Visa I-130, but another thing for your said family member to be qualified for it. They must fall into one of the two qualifying categories of people that this visa is designed for. The categories include the following:
Immediate Relatives
Here, the visa category works for close relatives of United States citizens, such as spouses, parents, and unmarried children under 21. This visa category type includes an unlimited number of visas. Some of the specific visas that fall into this category are:
- CR1 and IR1 for spouses
- IR2 for children
- 1R5 parents.
Other relatives
As its name signifies, this category covers other close relatives that are not your immediate siblings or parents.
Eligible people for this category include:
- F1 visas for unmarried children older than 21 years old.
- F3 visas for older married children of the society
- F4 siblings visa.
The unmarried children and spouses of legal permanent residents in the United States
These are:
- F2A visas for unmarried children below 21 years old and spouses
- F2B visas are designed for children above 21 who are still unmarried.
The United States Department of State’s immigrant chart explains the categories and their treatment.
Applying For Permanent Residency For Family Members (How To Begin)
More often than not, people do not dare to begin this process. However, it’s often easier than perceived. You need to get the family-based visa I-130 from the USCIS, fill it and submit it. In case you’re sponsoring more than one family member, you’ll have to collect a separate form I-130 for each of the people you’re sponsoring. Luckily, the form can be submitted by mail or online.
Please note that the visa application process requires both your relative (the visa applicant) and you (the sponsor) to complete several necessary steps. The process generally differs depending on factors like your family members’ presence in the United States.
For family members who are already in the United States, you’ll need to learn about status adjustment. However, family members outside the United States can start their immigration visa process by submitting the family-based visa I-130.
Important Information
While trying to balance the overall number of immigrants arriving in the United States through this route, congress established a unique calculation system. This system attempts to peg numbers to the amount of preference visas issued each year. The number is typically determined by starting from 480,000 (the maximum number of principle allocation for family-based immigrants). Then, it goes on to subtract the total number of immediate relative visas issued in the previous year.
It also subtracts the number of people paroled into the country in the previous year. Moreover, it adds the total number of unused visas under this category from the previous year to establish the number of preference visas available for the year. However, irrespective of calculations, the law does not allow the family visas issued via the preference system to be less than 226,000 annually.
By the way, you should remember to always speak to a qualified immigration attorney for clarifications about the family-based visa I-130 before application.
Coleman Law Group Can Help You
From all we’ve said so far, you can easily see the complex process involved in bringing your relative to the United States. But that’s not to say it’s not possible. The process can be faster and easier if you have an experienced immigration attorney in your corner.
Thankfully, the team of experienced lawyers at Coleman Law Group can help you handle all matters relating to the family-based visa I-130. We also offer advice and recommendations on the best decisions to make in different scenarios. Contact us now to learn about how we can help you.
