If you are a United States citizen or lawful permanent resident (LPR), you may be eligible to sponsor a family member for entry into the country with a green card. If you are looking to sponsor a family member’s visa, you’ll want to keep reading, as the following blog explores the steps you must take to complete the application process and why connecting with a dedicated Middlesex County, New Jersey Family Immigration Lawyer is in your best interest.
What Kind of Relative Visas Are Available?
If you are looking to assist your family member apply for a green card, it’s crucial to understand there are two categories: immediate relatives and family preference visa. Immediate relative visas are reserved for close relatives of U.S. citizens, such as spouses, unmarried children under 21, or parents. It’s important to note that there are no limits to the number of visas available for this category. Family preference immigrant visas, on the other hand, are reserved for more distant family relationships with a U.S. citizen or some specified relationships with an LPR. The number of immigrant visas available in this category is limited each fiscal year.
What Steps Do I Have to Take to File for a Family Member’s Visa?
Filing Form I-130, Petition for Alien Relative, is the first step to help an eligible relative apply to immigrate to the United States through a green card. It’s important to note that the filing or approval of this petition doesn’t give your relative any immigration status or benefit. USCIS can approve your petition if you can establish a qualifying relationship between you and your relative that allows them to immigrate to the U.S. Once approved, your relative can apply for a green card. If your relative is already residing in the U.S. and an immigrant visa is readily available, they may be eligible to apply for their green card by filing Form I-485, Application to Register Permanent Resident, or Adjust Status.
Certain relatives have to wait until an immigrant visa number is available before they can file Form I-485 to adjust their status if they are in the U.S. or request an immigrant visa at an embassy or consultant through consular processing if they are applying from outside the U.S. However, if your relative qualifies as an immediate relative, an immigrant visa will be available. Keep in mind that if your relative is in the U.S. already, but they are not eligible to apply for a green card by filing Form I-485, they may be eligible to apply for an immigrant visa with the U.S. Department of State at a U.S. embassy or consulate through consular processing.
As you can see, this process can be incredibly complex. If you plan on sponsoring a family member’s visa, you should strongly consider consulting a seasoned lawyer from the Law Offices of Aditya Surti, LLC, to learn more about the various routes for family immigration to the United States and how our legal team can help.
