One of the most common paths for immigrants coming to the United States is having a loved one sponsor them for a visa. Relatives of U.S. citizens and legal residents can qualify for something known as family immigration. While this approach is available, the process can be difficult without the support of a skilled immigration attorney.
If your relative intends to act as your sponsor, the support of a Glendale family immigration lawyer is crucial. A knowledgeable immigration attorney could help you apply for the appropriate visa, prepare all of the necessary documentation, and address any unreasonable delays.
There are two different paths that a family immigration attorney in Glendale can assist with: immediate relatives and family preference visas. Each option has its own eligibility requirements to be aware of. While both paths can lead to lawful permanent residency, the immediate relatives program is the preferred option.
This option is available to the spouses and children of American citizens. Children are only eligible if they are unmarried and under the age of 21. A citizen over the age of 21 may also sponsor their parents. There is no limit on the number of these visas the government can issue each year, which greatly speeds up the process.
Family preference visas are a sort of catch-all for family members who do not qualify as immediate relatives. This is the option used by loved ones of lawful permanent residents. There are also situations where those related to citizens must use this approach.
The major downside to family preference visas is that the government has a hard cap on the number it will issue each year, meaning most people will have to wait years to get their chance to immigrate to the United States.
Under many visa programs, it is up to the applicant to file the initial petition and provide any required supporting documents. That is not the case with family immigration. Instead, the first step is made by the relative serving as a sponsor. It is their obligation to file a document known as Form I-130—or the Petition for Alien Relative. The purpose of this document is to inform United States Citizenship and Immigration Services of the valid familial relationship between the parties, which lays the foundation for an immigrant’s grounds for coming to the U.S.
The next step also involves the sponsor submitting an affidavit of support for the applicant, which makes certain guarantees on their behalf. This includes accepting financial responsibility if they are unable to provide for themselves in this country. The obligation to provide a financial guarantee lasts until that person becomes a citizen or works enough to earn 40 qualifying credits under the Social Security Act. This usually works out to working full-time for one year.
Once USCIS receives and reviews all of the documentation, the final step is an interview. This occurs at the nearest U.S. consulate or embassy. A family visa lawyer in Glendale could help with preparation for these interviews.
If you are related to a U.S. citizen or legal permanent resident, you have the chance to immigrate to this country on a family visa. Likewise, you could also sponsor your loved ones if you already live in the United States. In either scenario, a Glendale family visa lawyer is here to help.
