What Are the Eligibility Requirements for Family-Based Immigration?

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What Are the Eligibility Requirements for Family-Based Immigration?

Family-based immigration is a vital pathway for individuals wishing to reunite with their loved ones in the United States. The desire to keep families together drives many to explore this option. At Kriezelman Burton & Associates, LLC, we understand how important family unity is and offer compassionate legal services to help you determine your eligibility for family-based immigration. Our experienced team of immigration lawyers is dedicated to guiding you through every step of the process, ensuring that you and your family can navigate the complexities of immigration with confidence.

Qualifications for Family-Based Immigration

Relationship with U.S. Citizens or Lawful Permanent Residents

Eligibility for family-based immigration primarily hinges on your relationship with a U.S. citizen or a lawful permanent resident. The key relationships that qualify include:

  • Spouses: Both same-sex and opposite-sex spouses of U.S. citizens and lawful permanent residents are eligible.
  • Parents: U.S. citizens can sponsor their parents if the citizen is at least 21 years old.
  • Children: U.S. citizens can sponsor their married or unmarried children of any age, while lawful permanent residents can sponsor their unmarried children of any age.
  • Siblings: U.S. citizens aged 21 and older can sponsor their brothers and sisters.

Financial Support Requirements

In order to sponsor a family member, you must demonstrate the ability to financially support them. This involves meeting income requirements set by the U.S. Citizenship and Immigration Services (USCIS). The sponsor must provide evidence showing they have sufficient income or assets to ensure the immigrant will not become a public charge. If a sponsor cannot meet these requirement on their own, they can ask another U.S. citizen or lawful permanent resident serve as a joint sponsor.

Medical Exam

All applicants for family-based immigration must undergo a medical examination conducted by an approved physician. This exam ensures that the applicant does not have any health conditions that could pose a threat to public health or safety in the United States.

Applying for a Family Visa

The process begins with the sponsor filing a petition with the USCIS. This petition must include evidence of the qualifying relationship, such as marriage certificates or birth certificates.

Once the petition is approved, it moves to the National Visa Center (NVC). The NVC will provide instructions for the next steps in the visa application process, including the submission of additional documents and payment of fees. The beneficiary then completes the visa application and submits the necessary documents.

Applicants may be required to attend interviews at U.S. consulates or embassies. These interviews are crucial for verifying the authenticity of the documentation provided and the legitimacy of the sponsor-beneficiary relationship.

Some family members may be able to complete the entire process within the United States, by applying directly to USCIS for permanent resident status, rather than having to attend an interview at a U.S. consulate or embassy abroad.

Call to Discuss Your Options

Navigating the complexities of family-based immigration can be challenging, but with the support of Kriezelman Burton & Associates, LLC, you can ensure a smoother process. Our team of experienced immigration lawyers is here to guide you through every step, from determining your eligibility to filing your application and attending interviews. If you are considering family-based immigration, call our attorneys. We are committed to helping you reunite with your loved ones and build a future together in the United States.