Over the last few years, the news is full of stories related to unauthorized immigrants entering the United States. To be sure, political parties spar angrily over the issue. However, there is a greater consensus among lawmakers and voters that legal immigration can be a lengthy and vexing process. While the powers that be debate these issues, prospective immigrants and their sponsors should take the time to understand the rules and go forward accordingly. Applying for entry is rife with surprises unless the application is comprehensive and in order. This condition is especially true when bringing families into the U.S.
What Makes a Person Eligible for U.S. Residency?
Permission to live and work in the United States for the long term is granted for reasons reflected by several broad categories:
- EMPLOYMENT: The immigrant is either unable to earn a livelihood in the country of origin or possesses assets, skills and training that are coveted by American employers.
- ASSYLUM/REFUGEE: The immigrant is fleeing political persecution and/or violence in the home country.
- SPECIAL CASE: The immigrant comes from a country where the U.S. was waging war, e.g. Iraq or Afghanistan. Alternatively, the individual is emigrating from another nation-state for the purpose of international aid work, religious vocation or journalistic assignment.
- ABUSE/TRAFFICKING: The applicant is escaping from a violent domestic situation or sexual trafficking by gangs and crime organizations.
A fifth category is family. This class of immigrants is granted residency under certain conditions.
What Family Members Can Receive Residency Status?
In other words, what relationships count as “family” per U.S. immigration law? An adult individual seeking to live and work in the U.S. must apply for an immigration visa (IV). In order to do so, that prospective resident must be sponsored by a citizen or a lawful permanent resident (i.e. one who holds a green card). If a U.S. citizen, that sponsor can file a visa petition on behalf of an immediate relative — i.e. a son, daughter, parent or spouse (a special form exists for fiancees). Should the sponsor be a permanent resident, the qualified family members shrink to spouse and/or child(ren), provided that the offspring are unmarried. For citizens, the number of qualified family members for whom they may petition is unlimited. For permanent residents, there is a cap on how many can be received annually.
What Is the Process to Bring Family into the United States?
The procedure works out as follows:
- The sponsor completes Form I-130: Petition for Alien Relative. If long-term residency is sought for the immigrant, Form I-485: Application to Register Permanent Residence or Adjust Status is available for simultaneous submission.
- The petition goes to the National Visa Center (NVC) at the U.S. State Department which, in turn, forwards the documents to the applicable consulate in the country of origin. This happens only when new visas become available. The immigration category impacts how fast or slow this consular processing stage proceeds.
- Petitioners can monitor their status at the U.S. Citizenship and Immigration Services website.
- The NVC notifies the petitioner of the decision.
- Upon visa availability, the consulate will seek documentary identification information for each person under the visa petition. Subsequently, the relatives will appear at the consulate for an interview.
- If the visa is granted, the immigrating family members will remit a fee in order to receive a green card and execute forms in their visa packet. Immigrants surrender these documents to the U.S. Customs and Border Protection representative at their selected point of entry into the United States.