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Family based immigration JPROC issues and considerations

Those of you who hold “United States” US Lawful Permanent Residency (LPR) or Citizenship and would like your relatives, parents, children, and or spouses to join you and or immigrate to the US, there are family-based immigration options to sponsor your immediate relatives and or family members’, legal entry into the United States. The legal process and procedures can be significantly complex and a competent Immigration Attorney, can help you through the various steps, processes, and government agency bureaucracy.

What family immigration processes exist?

There are various legal and procedural steps and agencies that you must navigate to get your family member to the US. Generally speaking, in order for you to sponsor a family member’s entrance into the United States, you have to be at least 21 years old and be either a lawful permanent resident or a citizen of the United States. If you meet those qualifications, you have to consider your relationship to the individual that you want to sponsor.

If your loved one is an immediate relative, such as your parent, your spouse or your child, there’s a good chance that they’ll be granted admittance given that there is no cap on the number of these kinds of relatives that are allowed into the country each year. If your loved one is more distant, it may take   more time because the number of these relatives that are allowed entrance are capped each year, based upon the country and or category of the relative.

Are there restrictions?

Yes. If you’re a citizen, you can sponsor a petition for many relatives, including your child(ren), your spouse, parents or your siblings. If you’re a lawful permanent resident, on the other hand, you’re restricted in who you can sponsor, as the law currently only allows you to sponsor your spouse or unmarried children under and over 21.

What does the process entail?

The process can be long and complicated, but it’s necessary if you want to successfully bring your loved one to the United States. The steps involved in the process include each of the following:

  • Submitting a petitionmar
  • Sending in an affidavit of support
  • Submitting civil documents
  • Responding to Requests for Evidence RFEs
  • Submitting to medical evaluations
  • Background checks
  • Participating in an interview
  • Ensuring that your family member participates in an interview

The civil documents that have to be submitted are thorough. Depending on the country that your loved one is coming from, they may have to submit:

  • Marriage
  • Birth certificate
  • Death certificate
  • DNA tests on occasion
  • Police report(s)
  • Criminal record
  • Military record
  • Identification verifications
  • Passport and other travel documents
  • Documents pertaining to name change

If you and your family member want to maximize the chances that your loved one will be allowed into the country, you need to make sure that you’re being thorough in navigating this process. If you don’t, you could be put at risk of having a petition denied, which can cost you a lot of time, money and stress.

Would you like help with your immigration-related issues?

The immigration laws in the United States are complex, and they are always shifting based upon administration changes in policy, laws and regulations.  This makes it hard to stay on top of the ever-changing laws, rules, and policies. If you’re facing an immigration-related issue, you may want to turn to a legal professional for help. With an advocate by your side, you can take comfort in knowing that your situation is being handled properly. In the context of family immigration, an attorney may help you successfully navigate the process so that you and your loved ones can be united again.