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How immigrants may reunite with family members in the United States

On Behalf of | Nov 4, 2024 | Immigration Law

Reuniting with family members is one of the most significant motivations for immigrants seeking to come to the United States. Fortunately, the U.S. immigration system provides several pathways that allow lawful immigrants (green card holders) and U.S. citizens to sponsor certain family members to join them.

Although the process can sometimes be lengthy and complex, understanding these pathways can empower families to make informed decisions and pursue legal opportunities for reunion.

Family-based immigration: Key categories

The U.S. immigration system provides family-based visas for immediate relatives and preferred family members of U.S. citizens and green card holders. Immediate relatives that U.S. citizens who are 21 years and older can sponsor include:

  • Their spouse
  • Their children who are under 21 and unmarried
  • Their parents

Immediate relatives don’t face annual limits on visas, making their processing generally faster than other categories. Family preference visas are for:

  • Unmarried adult children (21 or older) of U.S. citizens
  • Siblings of U.S. citizens
  • Married children of U.S. citizens
  • Unmarried adult children (21 or older) of green card holders

Family preference visas are subject to yearly limits, which means the demand for these visas often results in long wait times, especially in high-demand categories.

Steps to sponsor a family member

To initiate a reunion with a family member, the U.S. sponsor—whether a citizen or a green card holder—must start by submitting a petition for their loved one to enter the United States legally. This petition establishes the family relationship and requires documentation such as birth or marriage certificates to prove the bond.

For family preference petitions, a priority date determines the order in which the relative’s visa will be issued, essentially placing the applicant in a queue. Monthly updates to the Visa Bulletin from the Department of State show the status of these priority dates, allowing families to monitor their progress.

Once a visa number becomes available, the family member must complete the visa application process, including:

  • Paying fees
  • Submitting additional documents
  • Attending an interview at a U.S. embassy or consulate

They will undergo a medical examination and provide biometric information as part of the application process.

While there are clear legal pathways for family reunification, the process can sometimes be complex and require patience. By familiarizing themselves with the various visa categories, requirements and application steps, families can make better-informed decisions. For those looking to reunite with loved ones, consulting with a hands-on legal team can provide essential guidance and help to ensure compliance with U.S. immigration laws.