Family Based Visa FAQ, Fees & Document Requirements Checklist

If you are a foreign national seeking to immigrate to the United States, you may have heard of preference-based green card petitions. In this article, we will explore what these petitions are, who qualifies for them, and how the visa bulletin and priority date system affect the process.

Preference-based green card petitions are filed by U.S. citizens and lawful permanent residents who wish to sponsor certain family members or employees for permanent residency in the United States. Unlike immediate relative green card petitions, which have no waitlist, preference-based petitions are subject to numerical limits and a priority date system.

There are four preference categories for family-based petitions and five for employment-based petitions. Each category has a different numerical limit and priority date system. For example, the first preference category for family-based petitions is reserved for unmarried adult children of U.S. citizens, while the third preference category is for married children of U.S. citizens.

To qualify for a preference-based green card petition, the beneficiary (the person being sponsored) must meet certain eligibility criteria. For family-based petitions, the beneficiary must be a qualifying family member of the sponsor, such as a spouse, child, or sibling. For employment-based petitions, the beneficiary must have a job offer from a U.S. employer in a qualifying occupation.

Once a preference-based petition is filed, the beneficiary’s priority date is established. This is the date that the petition is filed with USCIS. The priority date is used to determine the beneficiary’s place in the visa queue. When the visa bulletin is published each month by the Department of State (DOS), it indicates which priority dates are current and eligible for visa processing.

The visa bulletin and priority date system can have a significant impact on the timing of a preference-based green card petition. In some cases, beneficiaries may have to wait several years or even decades before their priority date becomes current and they can proceed with the green card application process.

In conclusion, preference-based green card petitions are an important pathway for U.S. citizens and lawful permanent residents to sponsor certain family members or employees for permanent residency in the United States. While the process is subject to numerical limits and a priority date system, it remains a viable option for those who meet the eligibility criteria. By staying informed about the visa bulletin and priority date system, you can better understand the timing of the process and navigate it successfully.

Sources:

1. USCIS: https://www.uscis.gov/family/family-of-us-citizens/immigrating-to-the-united-states-as-a-family-member-of-a-us-citizen
2. DOS: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
3. American Immigration Council: https://www.americanimmigrationcouncil.org/research/employment-based-immigration-how-priority-dates-work

If you are a U.S. citizen or lawful permanent resident seeking to sponsor a family member for permanent residency in the United States through a preference category green card petition, it is important to understand the required documents and eligibility criteria. In this article, we will provide a checklist of required documents for preference category relative green card petitions and explain how the visa bulletin and priority date system can affect the process.

First, it is important to determine which preference category applies to your situation. There are four preference categories for family-based petitions, each with its own numerical limit and priority date system. These categories are:

• First Preference: Unmarried sons and daughters of U.S. citizens
• Second Preference: Spouses, minor children, and unmarried sons and daughters of lawful permanent residents
• Third Preference: Married sons and daughters of U.S. citizens
• Fourth Preference: Brothers and sisters of U.S. citizens

Once you have determined which preference category applies to your situation, you can begin gathering the required documents. The checklist for preference category relative green card petitions includes:

• Form I-130, Petition for Alien Relative, filed with U.S. Citizenship and Immigration Services (USCIS)
• Proof of the petitioner’s status as a U.S. citizen or lawful permanent resident
• Proof of the beneficiary’s relationship to the petitioner
• Civil documents, such as birth certificates, marriage certificates, and divorce decrees, for both the petitioner and beneficiary
• Evidence of any legal name changes for the petitioner and/or beneficiary
• A copy of the beneficiary’s passport
• If applicable, a copy of the beneficiary’s I-94 Arrival/Departure Record and any previous visas or immigration documents
• Payment of filing fees

Once the petition is filed with USCIS, the beneficiary’s priority date is established. This is the date that the petition is filed, and it is used to determine the beneficiary’s place in the visa queue. When the visa bulletin is published each month by the Department of State (DOS), it indicates which priority dates are current and eligible for visa processing.

It is important to keep track of the visa bulletin and priority date system, as beneficiaries may have to wait several years or even decades before their priority date becomes current and they can proceed with the green card application process.

In conclusion, preference category relative green card petitions are subject to numerical limits and a priority date system, and require a variety of documents to be filed with USCIS. By understanding the required documents and staying informed about the visa bulletin and priority date system, you can navigate the process successfully and help your loved ones achieve permanent residency in the United States.

Sources:

1. USCIS: https://www.uscis.gov/family/family-of-us-citizens/immigrating-to-the-united-states-as-a-family-member-of-a-us-citizen
2. DOS: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

The preference category for family-based green card petitions has been a topic of political debate in the United States for many years, with discussions about chain migration and the impact of immigration on the economy. In this article, we will explore some interesting statistics and facts about preference category relative green card sponsorship, as well as what past U.S. presidents have said about the issue.

First, let’s take a look at some statistics. According to the U.S. Department of Homeland Security, there were approximately 652,000 family-sponsored preference category green cards issued between 2016 and 2020. Of these, the largest category by far was the second preference, which includes spouses, minor children, and unmarried sons and daughters of lawful permanent residents. In 2020 alone, over 200,000 green cards were issued in this category.

While some politicians and commentators have criticized family-based immigration as leading to “chain migration” and overwhelming the U.S. economy, others argue that it is a vital component of America’s heritage and identity. Former President Barack Obama, for example, praised family-based immigration as a way to “enrich our communities and keep families together” in a 2013 speech. In contrast, former President Donald Trump criticized the practice, calling it a “horrible system” that allows “virtually unlimited numbers of distant relatives” to immigrate to the U.S.

In recent years, there have been attempts to change the preference category system and limit the number of family-based green cards issued. In 2017, for example, a proposed bill called the RAISE Act sought to eliminate the preference category system entirely and replace it with a points-based system that prioritized skilled workers. The bill did not pass, but it illustrates the ongoing debate about family-based immigration and its role in U.S. immigration policy.

In conclusion, preference category relative green card sponsorship is a complex and controversial issue in the United States. While some view it as a way to promote family unity and diversity, others see it as a potential burden on the U.S. economy and a threat to national security. By understanding the facts and perspectives on this issue, we can continue to have informed discussions and debates about the future of U.S. immigration policy.

Sources:

1. Department of Homeland Security: https://www.dhs.gov/immigration-statistics/yearbook/2020/table2
2. The New York Times: https://www.nytimes.com/2018/01/30/us/politics/chain-migration-family-reunification-trump.html
3. The White House: https://obamawhitehouse.archives.gov/the-press-office/2013/01/29/remarks-president-comprehensive-immigration-reform

Navigating the U.S. immigration system can be a complex and difficult process, especially when it comes to family-based green card sponsorship. That’s why it’s important to consider hiring an immigration lawyer to prepare and handle your case. In this article, we’ll explore some of the reasons why you should consider working with a visa law firm, visa attorney, or visa lawyer to help with your family-based green card sponsorship.

First and foremost, an experienced immigration lawyer can provide you with expert guidance and advice on the U.S. visa application process. They can help you understand the various requirements and deadlines for submitting your application, as well as any potential issues or complications that may arise during the process. Additionally, an immigration lawyer can assist with preparing and organizing your paperwork and documents, ensuring that your application is accurate and complete.

Furthermore, an immigration lawyer can help you navigate the often-changing visa laws and regulations in the U.S. As a news source reported, “U.S. immigration law is always evolving, and with the current political climate, changes are happening at a faster rate than ever before.” A visa attorney can help you stay up-to-date on the latest visa laws and regulations, and provide you with sound legal advice on how to best navigate them.

Finally, working with an immigration lawyer can help give you peace of mind throughout the visa application process. Knowing that you have an experienced professional on your side can alleviate some of the stress and uncertainty that comes with navigating the complex U.S. immigration system.

In conclusion, if you’re considering family-based green card sponsorship, it’s important to consider hiring an immigration lawyer or a visa law firm to help you prepare and handle your case. By working with an experienced professional, you can ensure that your application is accurate, complete, and up-to-date with the latest visa laws and regulations. Additionally, having an immigration lawyer on your side can help give you peace of mind and make the visa application process less stressful.

Sources:

1. U.S. News & World Report: https://www.usnews.com/news/best-countries/articles/2019-05-02/why-hiring-an-immigration-lawyer-is-a-smart-move