Frequently Asked Questions About Family-Based Immigration

At Allen & Pinnix, P.A., we understand that family-based immigration is an important but sometimes overwhelming process. Here are answers to the most common questions to help you bring your loved ones to the U.S.

What is family-based immigration?

Family-based immigration allows U.S. citizens and LPRs to sponsor eligible family members for permanent residency in the U.S. This process makes it possible for qualifying relatives to obtain a green card, keeping families together. U.S. citizens can petition for a broader range of family members compared to LPRs, but both can reunite with close family members under this system.

What is USCIS?

USCIS, or U.S. Citizenship and Immigration Services, is the government agency responsible for handling the country’s immigration processes. USCIS processes applications for green cards, visas, naturalization and other immigration benefits. Whether you’re petitioning for a family member or applying for citizenship, your case will likely pass through USCIS.

What is a sponsor?

A sponsor is a U.S. citizen or LPR who petitions for a family member to immigrate to the U.S. The sponsor must file the necessary forms and demonstrate that they can financially support the relative they are petitioning for. This financial requirement is crucial to avoid the family members becoming dependent on public assistance once they immigrate.

Who in my family can immigrate to the U.S.?

U.S. citizens have the most flexibility when it comes to sponsoring relatives. They can petition for their spouse, children under 21, parents, adult children and even siblings. On the other hand, LPRs can only sponsor their spouse and unmarried children, regardless of their age. Each category has different waiting periods, with immediate relatives of U.S. citizens usually receiving priority.

What is the petition process?

The family-based immigration process begins when a sponsor files Form I-130, Petition for Alien Relative, with USCIS. This form establishes the family relationship between the sponsor and the relative they are petitioning for. Once USCIS approves the petition, the family member applies for an immigrant visa or adjusts their status if they are already in the U.S. The process includes providing documentation, passing background checks and possibly attending an interview to confirm eligibility.

Schedule Your Consultation Today

If you have more questions about family-based immigration, contact Allen & Pinnix, P.A., to schedule a consultation. Call us at 919-944-4544 or reach out online to begin the process of bringing your family together. Hablamos español.