Family Sponsorship Visas in the U.S.

The United States provides pathways for U.S. citizens and lawful permanent residents (green card holders) to sponsor their relatives for permanent residence. Family sponsorship visas help reunite families and allow them to build their lives together in the U.S. This is true whether you’re bringing over a spouse, parent, child, sibling, or other relative. However, applications can be complex. Working with U.S. immigration lawyers who understand the rules, categories, and potential pitfalls can help make your application process more seamless.

At Border Solutions Law Group, our experienced U.S. immigration lawyers are ready to help you reunite with your family if you’re interested in pursuing U.S. permanent residency through family sponsorship. Whether you need help understanding the different types of family sponsorship visas available, eligibility requirements, application procedures, or the appeal process, we’re ready to assist. Schedule a consultation with our team today to discuss your options.

Types of Family Sponsorship Visas in the U.S.

Family sponsorship visas in the U.S. generally fall into two main categories: immediate relative immigrant visas and family preference immigrant visas. The category under which your family member qualifies will depend on your relationship with them and, in certain cases, your own status as a citizen or green card holder.

Immediate Relative Immigrant Visas

Immediate relatives of U.S. citizens may have a higher priority in the immigration system. Unlike other immigration categories, there are no annual quotas or limits on the number of family sponsorship visas available for immediate relatives. This can often mean a shorter waiting time compared to other family-based categories.

Who qualifies as an immediate relative under the U.S. immigration system?

• Spouses of U.S. citizens, including legally married couples and, sometimes, widows or widowers of U.S. citizens
• Parents of U.S. citizens
• Unmarried children under 21 of U.S. citizens, including biological, adopted, and stepchildren.

Family Preference Immigrant Visas

Family preference categories are for familial relationships that do not qualify as “immediate relatives.” Unlike immediate relative visas, there is a yearly limit on the number of family preference visas issued. This can result in waiting lists and longer processing times.

Family preference categories in the U.S. include:

1. F1: Unmarried adult children (21 or older) of U.S. citizens
2. F2A: Spouses and unmarried children (under 21) of lawful permanent residents
3. F2B: Unmarried adult children (21 or older) of lawful permanent residents
4. F3: Married children of U.S. citizens
5. F4: Siblings of U.S. citizens (where the sponsoring U.S. citizen is at least 21 years old)

Each family preference category has a certain number of allowed visas allocated annually. There is often a greater demand for family preference visas, causing backlogs. This is especially true for F3 and F4 categories. In some cases, it can take several years for a visa to become available.

Eligibility Requirements for Family Sponsorship in the U.S.

To successfully petition for a family member’s immigration to the United States, both sponsors and beneficiaries must meet a variety of requirements.

For sponsors (U.S. citizens or green card holders):

• You must be a U.S. citizen or a lawful permanent resident (green card holder), depending on the category
• You must be at least 21 years old to sponsor a parent or sibling. For spouses or children, you can sponsor at age 18 (if you’re a U.S. citizen) or once you’re eligible to sign an Affidavit of Support. 
• You must reside (be “domiciled”) in the United States, or demonstrate that you intend to re-establish domicile in the U.S. if you have been living abroad temporarily.
• You must demonstrate that you have the financial ability to support the immigrant relative by meeting minimum income requirements as defined by the U.S. government’s poverty guidelines. If you do not meet the income requirement, you may be able to enlist a joint sponsor.
• And more

For beneficiaries (sponsored relatives of U.S. citizens or permanent residents):

• You must have a legitimate, qualifying, and well-documented family relationship with the sponsor.
• You must not be inadmissible on criminal, health, or security grounds.
• And more

Since each case is unique, consulting a U.S. immigration lawyer early on in your application process can help you identify any potential issues and make sure you meet all the eligibility requirements.

Denied Family Sponsorship Visas

Not all family sponsorship applications are successful on the first try. The U.S. government can be critical when it comes to permanent residency and other visa applications. A denial can be disheartening, but understanding why it happened can help you take corrective action.

Common reasons for denial include:

• Insufficient Evidence of Relationship: If the marriage or family relationship appears fraudulent or is improperly documented, USCIS or consular officers may deny the petition.
• Inadmissibility Issues: You might be barred from entering the United States for past immigration violations, criminal convictions, health issues, security concerns, or other inadmissibility issues.
• Financial Requirements Not Met: If the sponsor cannot meet the minimum income requirement (or fails to provide adequate evidence of their financial standing), their petition may be refused.
• Misrepresentation or Fraud: Providing false information to government officials or misrepresenting facts can lead to immediate denials and, in some cases, permanent bans.

If your application is denied, consider taking the following steps:

• Review the Denial Notice: USCIS or a consular office will typically provide a reason for your denial. Understanding the grounds for denial is your first step to finding a solution.
• Consult a U.S. Immigration Lawyer: An experienced attorney can advise you on whether you’re eligible to file a motion to reopen or reconsider, appeal the decision, or refile your petition with stronger documentation. If you’re confused about your options, speak to our U.S. immigration lawyers today.
• Apply for Waivers: If inadmissibility is the issue, you may be eligible to obtain a waiver (such as an I-601 or I-212 waiver), depending on the kind of inadmissibility that has been found.
• Strengthen Your Evidence & Application Package: If your denial was the result of insufficient proof of a legitimate family relationship, you can take corrective measures. Consider gathering additional documentation, affidavits from family and friends, and other evidence to support a new filing on your behalf.

It’s crucial that you avoid rushing into a new application without addressing the underlying problems with the original. Careful guidance from our U.S. immigration lawyers can help you build a stronger, more compelling case for your family sponsorship visa. Get in touch today.

Why Should You Work With Our Lawyers to Get a Family Sponsorship Visa?

Navigating U.S. immigration laws can be incredibly intricate. Simple mistakes, forgotten requirements, or incomplete documentation can cause delays and denials. Our U.S. immigration lawyers at Border Solutions Law Group are committed to guiding you through the family sponsorship visa process:

• Case Assessment & Strategy: Our immigration attorneys will evaluate your family’s unique circumstances, including your relationship, potential obstacles, and eligibility issues, to develop a tailored strategy. We can advise you on your best preference category, how to time your application to coincide with visa availability, and anticipate future complications.
• Document Preparation: Our lawyers will prepare all necessary forms for your application package, ensuring that it’s accurate, complete, and compliant with all current regulations. We help organize critical evidence so that you can present a strong, convincing petition to the government.
• Managing Setbacks: If the beneficiary has prior overstays, a criminal record, or other inadmissibility concerns, our U.S. immigration lawyers can look at waiver options and guide you through these more complex scenarios. It can be hard to determine solutions without a full understanding of U.S. immigration law and standard practice.
• Responding to Requests for Evidence (RFEs) or Denials: Should USCIS request additional documents or deny your application, our team can craft a strong response, gather supplemental evidence, or help you identify an alternative approach.
• Staying Up-to-Date on Policy Changes: U.S. immigration law is dynamic and constantly changing. Our lawyers stay informed about shifts in policy and new guidelines, ensuring your application aligns with the latest requirements at the time of submission.

With our experienced U.S. immigration lawyers on your side, you can navigate the visa process more confidently. Our goal is to save you time and resources. To schedule a consultation to go over your legal options, contact our Vancouver or Washington office today.

Applying For a Family Sponsorship Visa in the United States? Consult With Our U.S. Immigration Lawyers Today

Family sponsorship visas are a popular avenue for maintaining close family ties in the United States. Whether you want to bring a spouse, parent, child, or sibling to live with you, you should be aware of how the application process works.

While U.S. immigration laws can be complex, you don’t need to navigate them alone. Our experienced immigration lawyers in both Vancouver and Washington at Border Solutions Law Group offer guidance, strategic planning, and unwavering support from day one. From compiling a strong package to handling waivers for inadmissibility and addressing denials, our knowledgeable attorneys will help you pursue the best possible outcome for your family’s future in America.

To get started with your immigration journey today, you can call Border Solutions Law Group toll-free at 604-684-4211 or fill out our online contact form.