When you become an American citizen or lawful permanent resident, but your relatives live outside the United States, you may wonder what your family immigration options are. Sponsoring your relatives for a family visa allows you to offer emotional and financial support while they build businesses, care for their children and elderly relatives, and learn about American culture.
Most immigrating non-citizens come to the United States through family-sponsored immigration, but that does not mean the process is easy. If you are interested in sponsoring a family member from your home country, our family immigration attorneys could help. One of the essential services our team could offer is an overview of the Boston family immigration visa categories.
Family-based immigration dates back to 17th Century America when the early colonies encouraged and embraced new Americans. The 1965 Immigration and Nationality Act (INA) codified family relations as the most common way for foreign nationals to legally immigrate to America. Under the INA, American citizens and lawful permanent residents (LPRs) are authorized to sponsor family members on their journey to permanent residency. Today, citizens and LPRs in Boston have several visa category pathways available to sponsor family members immigrating from other countries.
The U.S. government recognizes two tiers of family members for family visas: immediate relatives and family preference groups. Immediate relatives include a U.S. citizen’s:
Family preference groups include more remote relatives than immediate family members. These groups include an American citizen’s:
“The law wisely provides special preference to immediate relatives of U.S. Citizens. Congress mandated that the law promote family unity, so it is only natural that the law allows spouses and minor children the most advantageous pathways to residency.” ~ Jamie Gorton, Managing Attorney
Lawful permanent residents can sponsor their minor children, spouses, and unmarried children older than 21 for a family preference visa. American citizens and LPRs are not permitted to sponsor grandparents, uncles, aunts, cousins, or in-laws. Families interested in immigrating to the United States should speak to a Boston attorney about what visa category may suit their needs.
Prospective immigrants must secure a family sponsor, also called a petitioner. The family sponsor must reside in the U.S. and be at least 18 or, in some cases, 21. The family sponsor must file a petition with U.S. Citizenship and Immigration Services (USCIS) to prove there is a family relationship, and to document income requirements to show they can be financially responsible for the applicant.
“The law requires a sponsor to “reside” in the United States. Our office often gets questions: what about someone who lives outside the United States with their family? Thankfully, the petitioner can still sponsor as long as they prove that they will resettle in the United States when their family members immigrate.” ~ Jamie Gorton, Managing Attorney
A prospective immigrant must fill out the family visa application and participate in interviews and a medical exam. Background checks follow, and the USCIS will scrutinize the applicant to determine their criminal history, travel history, immigration history, and potential need for public assistance. The immigration system can be a logistical nightmare for a new arrival or prospective sponsor, but a Boston immigration attorney could offer clarity about requirements for each family immigration visa category and help simplify the bureaucracy.
Reuniting with your family when your relative becomes an American citizen or lawful permanent resident is something to celebrate. Families make up communities, and by acting as a family visa sponsor, you can strengthen your community and country.
The family immigration process is complex, but our attorneys could guide you from your dream to the reality of your relatives being here with you. We could help you explore the Boston family immigration visa categories. Call Gorton Law now.
