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FAQs About Family-Based Immigration to The United States

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FAQs About Family-Based Immigration to The United States

Los Angeles Immigration Lawyer Answers Your Immigration Questions

FAQs About Family-Based Immigration to The United States

Before you move to the United States, the last thing you should have to worry about is whether you and your family will be able to stay together. Immigration laws are far more complex this year. Changes have caused a level of uncertainty among millions.

But fortunately there are countless ways to apply for citizenship. This article addresses frequently asked questions to make the process easier for you and your loved ones. We’re also available to take your immediate call if you’re interested in a free consultation for additional legal immigration help in Los Angeles.

What is a Family-Based Petition?

Family-based petitions allow Lawful Permanent Residents (LPRs) to sponsor qualifying family members. There are two distinct immigrant categories per the U.S. Citizenship and Immigration Services (USCIS): immediate relatives and family preference.

Immediate Relatives

  • An unmarried child of a U.S. citizen, younger than 21
  • Unmarried son or daughter over 21
  • Married son or daughter
  • Spouse

Four Preference Categories

  • First Preference (F-1) – unmarried children of U.S. citizens
  • Second Preference (F-2) – LPR spouses, children, and unmarried sons and daughters
  • Third Preference (F-3) – married sons and daughters of citizens
  • Fourth Preference (F-4) – the sibling(s) of adult citizens

You can reach out to our LA family immigration attorney to learn more about the process and determine whether you qualify.

Who is Eligible to Sponsor a Relative for a Green Card?

Sponsors should be 18 years old, a citizen, or lawful permanent resident (LPR). Typically sponsors live in the U.S. or affiliated territory. In rare cases the petitioner may be temporarily living abroad.

What Is Form I-130 (Petition for Alien Relative)?

Form I-130 is a requirement for U.S. citizens or LPRs to establish their relationship with an eligible relative. It can also be used to remain in the U.S. and apply for a green card down the road. As of last November, the USCIS has made ongoing changes to this petition and subsequent forms. It would be best to consult with an attorney for immigrant families in Los Angeles before submitting the form.

What Documents Are Required to Petition a Spouse?

  • Two recent photos of you and your spouse
  • A copy of your birth certificate or passport
  • Form I-130, Petition for Alien Relative

Non-born U.S. citizens need a copy of:

  • Certificate of Naturalization or Citizenship
  • Two signed G-325A’s
  • Passport

Are There Requirements for the I-864 Affidavit of Support?

Yes! There are residence, affidavit, and income requirements for I-864 Affidavit of Support. A family immigration lawyer in Los Angeles would advise petitioners to sign and submit this form to demonstrate they can support their family members financially or pay the government back, should assistance be offered.

Sponsors are required to meet an income requirement of 125% above the Federal Poverty Guidelines. Additional documentation is needed:

  • Federal tax returns for the past three years
  • Confirmation that you are employed in the U.S.

What Happens If I Can’t Meet the Requirements?

  • You can use your assets and household income to prove the total cash value meets the requirements.
  • Sponsors can also count the income and assets of other immediate family members living in the same household. That would include those who are related to you by birth, your husband or wife, or adoptee. Make sure they are listed as a dependent on your federal tax return or lived with you for at least six months.

Why Should I Hire a Family Immigration Lawyer?

A skilled lawyer for family immigration in LA knows how strenuous it can be to petition for a family member. The recent spike in immigration applications and worldwide pandemic concerns have impacted the number of green card approvals and renewals. We will ensure your chance at citizenship is protected with the ongoing changes.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. We strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.