U.S. citizens and some lawful permanent residents are eligible to bring certain family members into the United States using family immigration processes. Not all relatives are eligible – but if yours are, a Wisconsin immigration attorney may be able to help.
Family Immigration: Immediate Relative Immigrant Visas for Family Members of U.S. Citizens
The immediate relatives of U.S. citizens are often eligible to come to the U.S. on an immigrant visa. Unlike other types of visas, these visas are unlimited in number – there are no caps or waiting periods associated with them. The family members eligible for this type of immigration benefit include:
- Spouses
- Unmarried children (and their minor children)
- Parents
- Orphans adopted abroad
- Orphans to be adopted in the U.S.
- Fiancés
U.S. citizens can petition on behalf of siblings, siblings’ spouses and siblings’ minor children, but there are limits on the numbers of visas available to these immigrants.
Immediate Relative Immigrant Visas for Family Members of Lawful Permanent Residents
Immigrant visas for family members of lawful permanent residents who hold green cards are limited in number, but they’re available to:
- Spouses
- Minor children
- Unmarried children over the age of 21
Requirements for Family Immigration Petitions
Before you can file a petition on behalf of a relative, you must determine which category that person belongs in – and your attorney can help you. When you know the appropriate category, your attorney can file either an I-130, Petition for Alien Relative, or an I-129f, Petition for Alien Fiancé. You’ll have to pay the appropriate fees and wait until your petition is reviewed. You’ll also have to file supporting documentation, such as:
- An affidavit of support, which says that you’ll financially support your relative if necessary
- Photographs and birth certificates, marriage and divorce certificates, and other important documents
- Court and prison records
- Police certificates
- Adoption documents
- Other documentation that U.S. Citizenship and Immigration Services or the State Department deems necessary
Your relative will also have to pass background checks and meet admissibility criteria to get approval to come to the U.S.
Do You Need Legal Advice on Family Immigration?
Because U.S. immigration law can be complicated – and because it can be a long, drawn-out process, many people turn to a Wisconsin immigration attorney for help. If you’re considering petitioning the U.S. government for a relative, we may be able to assist you. Call us at 414-383-6700 today to learn more.
