Family-based immigration permits U.S. citizens and lawful permanent residents (green card holders) to apply on behalf of specific relatives to have them obtain permanent residence. This is a normalized practice in California, where immigrants constitute one of the highest populations in the United States and are vital to family unity. This guide outlines the process, requirements, and procedure per the official guidelines of the U.S. government.
Who Can Sponsor a Family Member?
There are only two classes that can sponsor family members:
- U.S. citizens can sponsor the spouse, children, parent, and sibling.
- The green card holders (lawful permanent residents) can sponsor spouses and unmarried children.
Categories of Family-Based Immigration
There are two main categories:
- Immediate Relatives – The type does not have an annual limit and comprises spouses, single children under the age of 21, and parents of U.S. nationals.
- Family Preference Categories – These are more distanced (siblings or married children). These categories have numerical limits each year, and there is a tendency for the time to wait longer.
How the Process Works
The family-based immigration process involves multiple steps:
Step 1: File Form I-130 (Petition for Alien Relative). Form I-130 is filled by the sponsor with the USCIS. This form becomes a demonstration that a family relationship exists.
Step 2: Wait for Approval. USCIS scrutinizes the petition. When approved, it is forwarded to the National Visa Center (NVC) to continue processing. In family preference cases, the beneficiary ought to await a visa number.
Step 3: Apply for an Immigrant Visa or Adjust your Status. When a family member is abroad, they apply to a U.S. consulate to obtain the visa. Provided that they are in the U.S. legally, they can request a green card in Form I-485 (Adjustment of Status).
Step 4: Attend Interview. The candidate is subjected to an interview in which the USCIS or the consular officers are assured of the relationship’s eligibility and genuineness.
Step 5: Get Decision. Once approved, the immigrant becomes a lawful permanent resident.
Affidavit of Support Requirement
The sponsors should file Form I-864 or the Affidavit of Support to show they have sufficient funds to support the immigrant financially. This will guarantee that the applicant does not turn into a public charge. The sponsor should have an income of 125% of the federal poverty level. For example, the minimum annual salary of a household of three in 2024 is $29,580.
Processing Times and Delays
Times are different in processing. The speed of immediate relative cases can get to 10-14 months. The cases under family preference may last for several years, depending on the immigrant’s category and country of origin. For instance, a sibling of a U.S. citizen in their home country, the Philippines, might have to wait over 15 years, according to the monthly Visa Bulletin.
Legal Assistance in California
Immigration law is not easy to navigate. In California, a few reputable non-profit organizations offer legal aid to families undergoing immigration. Organizations such as the Immigration Legal Resource Center (ILRC), Catholic Charities of California, and the Legal Aid Foundation of Los Angeles may assist with organizing paperwork, preparing interviews, and petition appeals.
Sum up
Federal regulations implement the California family-based immigration system, although the system is affected by demand and wait time. U.S. citizens and green card holders can assist close relatives in acquiring legal status, though doing so involves planning, documentation, and sometimes legal advice. Staying updated on the USCIS and Visa Bulletin schedules is key to success.
