If you have family members who are citizens of another country, and you are a U.S. citizen or lawful permanent resident (green card holder), being apart from them can be challenging. You may not know how to proceed if your family member is not your spouse, unmarried child younger than 21, or parent.
In these cases, a family preference visa may be your solution. Unlike immediate relative visas, which are unlimited, family preference visas are subject to annual caps set by the federal government. Depending on your citizenship status, you can sponsor specific relatives to become legal permanent residents. Because the visas are limited, the wait time can be tense. Our legal team is here to guide your journey with compassion and skill as we work to secure family preference visas in Palm Bay.
Visas for family members are divided into two categories: immediate relatives, including spouses, parents, and unmarried children younger than 21, and non-immediate relatives, or extended family. The 1965 Immigration and Nationality Act (INA) paved the way for family relations, which is the most common way people from other nations legally immigrate to America. The National Immigration Forum reports that approximately 20 percent of the visas issued are for family preference in any given year. These include:
Current green card holders can also sponsor spouses and unmarried children younger than 21 through an F2A visa and unmarried sons and daughters who are 21 or older through an F2B visa.
American citizens and lawful permanent residents cannot sponsor more distant relatives, such as grandparents, aunts, uncles, cousins, or in-laws. U.S. citizens and green card holders sponsor about 3.5 relatives each. A dedicated Palm Bay attorney could discuss the right family preference visa for your situation.
If you agree to sponsor a family member, you take on a somber and important responsibility. You must show through a petition you file with the U.S. Citizenship and Immigration Services (USCIS) that you can support your family member until they become self-sufficient in their new environment. You must also maintain a permanent residence in the U.S. and be at least 21 years old.
Your family member will undergo several screenings after filling out the immigration application and passing a background check and medical exam. Interviews are held at the American Consulate or Embassy in the current home country. Part of the screening process includes determining whether your family member may need public assistance, which also helps determine if you can provide enough financial help as a sponsor to prevent it. Mandatory application fees are submitted with the application and could be applied at other steps in the process. A knowledgeable Palm Bay legal professional could guide you through the process to ensure the proper steps are taken when applying for a family preference visa.
At Jag Law, PLLC, we celebrate families. The process can sometimes be arduous, but we know it is worth it. Compassionate attorney Shoba Jaglal has been through the immigration process herself and understands everything you may be going through. Call us today and schedule a consultation to discuss family preference visas in Palm Bay.