November 17, 2021
Family-Based Petition
Family-Based Petition
The Immigration and Nationality Act (INA) is a United States law that limits the number of family immigrant visas that foreign nationals can be issued each year. These tasks are allocated by the U.S. Department of State with the U.S. Citizenship and Immigration Services playing a significant role in determining eligibility.
This overview will provide a high-level understanding of how family-based immigration operates in the United States. Given the complexity of many of these issues, it is often advisable to hire Sacramento family-based immigration lawyers who can help you navigate the requirements. Sacramento immigration attorneys are experts in correctly completing the paperwork and working through the system to ensure your family members can acquire the necessary documentation.
What is the Family-Based Petition?
As an immigration attorney in Sacramento will explain, current U.S. immigration laws allow permanent residents and citizens to file a petition for specific family members. Therefore, a family-based petition is a filing with the U.S. government for a family member to receive permanent status.
What are the two types of family-based immigrant visas?
Immigrant family members are defined by two categories: immediate relatives of current citizens or a preference category from relatives of permanent residents and citizens. The filing permanent resident is considered the petitioner and the family member who requires the documentation is a beneficiary.
Who does this cover?
A Sacramento family-based immigration attorney defines immediate relatives of current citizens as unmarried children (under 21), parents, and spouses. An unlimited number of immigrant visas are available for immediate relatives every year.
All other relationships fall under the family preference categories which includes unmarried children over 21 years (F1), unmarried children and spouses of permanent residents under 21 years (F2A), unmarried children of permanent residents (F2B), married children (F3), and siblings of adult citizens (F4). The number of family preference visas is limited because immigration law places a cap on the number of available green cards. The result is a lengthy backlog and wait times for the documentation.
What are the requirements for both sides?
Immediate Relatives
The immediate relative requirements the following to become a permanent resident:
- Completion of the proper paperwork.
- Eligible to receive an immigrant visa.
- Immigrant visas are immediately available to you.
- The relationship to the petitioner still exists.
- You are admissible for lawful permanent residence.
- You merit the exercise of the USCIS decision.
- You were admitted and inspected into the U.S.
- Family Preference Category
- The family preference requirements include:
- Completion of proper paperwork.
- You merit favorable exercise at the government’s discretion.
- You are eligible for an immigrant visa.
- An immigrant visa is available at the time of filing.
- No applicable bars apply to you.
- You were inspected and admitted into the U.S.
- You are physically present at the time of filing.
- You must still have a relationship with the petitioner.
How an immigration law firm Sacramento can help
While hiring an immigration lawyer Sacramento can add legal fees to your case, the team can also help avoid mistakes which saves time and money in the long run while preventing visa denials and deportation. Additionally, an immigration attorney can help you with the following:
Case Efficiency
Typically, hiring an immigration lawyer to complete the paperwork can save between four and eight weeks of processing time. This is because the attorney knows the several types of visas available and can help you correctly complete the application the first time, thus saving time and money.
Interview Preparation
An experienced attorney will help you prepare for the interview while assisting with the interview process. They know exactly what will be asked and how you should answer each question.
Risk Reduction
Hiring a lawyer will further help you reduce the risk of rejection due to an incorrect application or unpreparedness for the interview.
What are the next steps?
If you are looking for a family-based immigration petition, contact the Manzoor Law Firm today! Their experts can help answer all your questions and give you a realistic probability of green card acceptance while streamlining the process.