• By: Nancy Robinett, Esq.
Couple with one child walking together in front of a U.S. flag - Robinett Law PLLC

Few things are more heartbreaking than a family divided by distance or as heartwarming as being able to reunite that family in their new home. This article covers the basics of family-based immigration to the United States, including:

  • Why you need a family connection to immigration and which family members qualify in the U.S.
  • The strengths and limits of different familial relationships for U.S. immigration purposes.
  • How to start a family-based immigration application and how long it is expected to last.

Why Do I Need A Family Relationship To Immigrate To The U.S.?

Over history, the United States has developed a complex immigration system to account for various categories of people who are allowed to ask for immigration status in the U.S. Simply wanting to immigrate to the U.S. is not enough; you must have a foundation to ask to immigrate.

While there are many different foundations available, one major foundation for immigration to the U.S. is family. However, not every family relationship qualifies for immigration, and some family relationships are more favored than others.

What Family Relationships Can Be A Foundation For Immigration?

Family relationships that are classified as “immediate family” get the highest priority in the United States immigration process. An immediate relative includes:

  • A spouse of a U.S. citizen,
  • A child (under age 21) of a U.S. citizen
  • A parent of a U.S. citizen child (as long as they are at least 21 years old).

For instance, if your child was born in the U.S., you must wait until they turn 21 before they can file a family-based immigration petition for you.

Other qualifying family relationships for immigration include:

  • A child over the age of 21 of a U.S. citizen;
  • A brother or sister of a U.S. citizen;
  • A spouse, child under 21, or child over 21 to a U.S. lawful permanent resident or “green card” holder.
  • A married child of a U.S. citizen is eligible for immigration based on the U.S. citizen’s parent.

However, a married child of a green card holder is not eligible for immigration. Additionally, there are usually much longer wait times for the immigration process for a married child of a U.S. citizen than for an unmarried child of a U.S. citizen.

It’s important for a child of a U.S. citizen or green card holder to understand the implications of marriage on their ability to immigrate based on their parent’s petition.

Unfortunately, many family relationships do not qualify as a basis for immigration to the U.S. For example, an aunt or uncle, a nephew or niece, a grandparent, and even a child of a U.S. citizen or green card holder whose parent cannot adequately prove a legal parent-child relationship.

Is Every Family Relationship Treated The Same By The USCIS?

Family relationships within the Immediate Family category—parents, spouses, and children under age 21 of U.S. citizens—receive the most favorable treatment.

Other family relationships that can be a basis for immigration have less favorable treatment, which often means longer wait times, and sometimes very long wait times, before the intended immigrant family member can get green card status.

These family relationships (outside immediate family) are categorized into “Family Preference” categories, depending on the actual family relationship.

How Do U.S. Immigration Services Decide On Wait Times For Family Immigration?

Family-based immigration in the United States operates under a quota system. Quotas limit the number of immigrants allowed to enter the U.S. each year in most family immigration categories.

The most favored category of “Immediate Relative” has no quotas. As an example, no matter how many U.S. citizens might begin the process of immigrating their spouses, they will always be allowed to do this without delays due to quotas.

Every other category of family-based immigration has quotas set by the U.S. Congress. New green cards up to the quota number can be given out each year. Once the quota is reached, anyone still in line has to wait until new numbers are available the next year. This system creates backlogs, which go up and down in wait times depending on how many people are in line for any given family category.

The U.S. government keeps track of how long these lines are in a document called the “Visa Bulletin,” which is maintained by the U.S. State Department. The Visa Bulletin is updated monthly.

How Do I Start The Process For Family-Based Immigration?

Every family-based immigration procedure begins with filing an I-130 Petition. The petition is filed by the U.S. citizen or green card holder who files on behalf of their intending immigrant relative.

Filing the petition creates a priority date, which is the date that the petition gets in line for eligibility in case there is a quota and extended wait time. Thus, it can be very important to get a petition filed, even if there is a long wait time, since the family member does not even get in line to wait until the petition is filed.

In some cases, an I-130 petition can be filed at the same time as an intending immigrant’s I-485 application in the U.S. for a green card. The process of applying for a green card in the U.S. is technically called an application for adjustment of status to lawful permanent resident. When this application is approved, the intending immigrant has lawful permanent residency or green card status.

At other times, an I-130 petition is filed by itself, and after approval and after waiting for any required quota wait period, you can then seek an immigrant visa at a U.S. consulate with jurisdiction over the intending immigrant’s visa application.

Have More Questions? Ready To Get Started?

For more information on Family-Based Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Existing Clients at (612) 987-4803 or New Clients at (612) 662-6582 today.

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