Family-based petitions allow American citizens and permanent residents to request the immigration of certain family members to the country. These petitions, which play a significant role in U.S. immigration policy, aim at family reunification.
American citizens can petition for spouses, unmarried children under 21 years old, married or unmarried children over 21 years old, parents (if the citizen is at least 21 years old), and siblings (also if the citizen is at least 21 years old). Permanent residents can request immigration for spouses and children.
The petition process begins with the completion and submission of Form I-130 (Petition for Alien Relative) to the U.S. Citizenship and Immigration Services (USCIS). Approval of this form acknowledges the family relationship but does not automatically grant immigration status to the beneficiary. After approval, the beneficiary must wait for an immigration visa to become available.
Visa availability is regulated by annual quotas and depends on the category of the family relationship and the country of origin. The U.S. Department of State publishes the Visa Bulletin monthly, which informs about visa availability for different categories and countries. For immediate relatives of American citizens (spouses, minor children, and parents), visas are generally available immediately. However, for other categories, there are annual limits and waiting lists.
To ensure the success of the petition, it is necessary to provide documentation that proves the family relationship, such as birth and marriage certificates, among other documents. The petitioner must also demonstrate financial ability to sponsor the beneficiary, often by submitting Form I-864 (Affidavit of Support).
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