U.S. Immigration
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:
- F1: Unmarried adult children (21 or older) of U.S. citizens
- F2A: Spouses and unmarried children (under 21) of lawful permanent residents
- F2B: Unmarried adult children (21 or older) of lawful permanent residents
- F3: Married children of U.S. citizens
- 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.
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Frequently Asked Questions
At Border Solutions Law Group, we aim to provide clear, straightforward answers to help you understand your rights.
Here are some common questions we receive related to Family Sponsorship Visas:
Which U.S. visa is the right one for you?
British Columbia residents who have the opportunity of obtaining employment in the United States may have many questions about the procedures to follow. Different visas could apply to U.S. employment immigration, and navigation of the legal procedures could be challenging. The type of visa required depends on the occupation of the person, his or her level of education and more.
The H visas cover various employment fields for those immigrating to the United States. H-1A visas are meant for registered nurses, and H-1B applies to holders of bachelor’s degrees filling positions requiring their specialised knowledge. Agricultural workers and others in fields in which there is a shortage of U.S. workers may apply for H-2 visas. The latter group of potential immigrants must provide the sponsoring employer’s documentation that no qualified workers with U.S. residency were willing or available for those positions.
Other employment visas include L-1 intra-company transfer visas for those transferred from a foreign office to a U.S. office of the same company. These typically involve executives or specialty employees going to the United States to provide training or work on specific operations. O visas apply to nationally or internationally known athletes or other individuals with extraordinary skills and abilities, and groups or teams with such abilities would apply for P visas — such as international sports teams. Lastly, religious workers travelling to the United States must apply for R visas.
Reading all this may exacerbate the confusion of any British Columbia resident looking to accept employment in the United States. There are also requirements related to the need for an employer who is offering the applicant a job to act as the sponsor for visa purposes. Individuals who face the challenge of navigating the employment immigration process may utilize the skills of a seasoned immigration attorney who is experienced in cross border employment immigration issues between Canada and the United States.
Source: FindLaw, “Temporary Worker Visas“, Accessed on Jan. 14, 2017
What happens to a green card holder if they get divorced from a U.S. citizen?
When a marriage between a green card holder from British Columbia and a U.S. citizen ends the consequences can be significant. U.S. immigration has several measures in place to prevent sham marriages entered into purely for the purpose of obtaining green cards. Even though state law governs U.S. marriages, the Immigration and Customs Enforcement essentially considers the marriage as nonexistent for immigration purposes.
Some couples would marry but separate soon after the non-U.S. citizen applied for a green card. For that reason, Immigration Services might even regard a legal separation as the end of qualification for a green card. However, if an application for a green card is filed more than two years after the marriage, the marriage will be regarded as genuine. If the application is submitted sooner, the green card holder may only apply for U.S. citizenship after three years of marriage.
Circumstances in a divorce that could indicate a good faith marriage include the couple having a child together or owning property. The noncitizen may not be deported if it can be shown that deportation would cause extreme hardship, or if the noncitizen is the victim of abuse by a U.S. citizen spouse. Failing to show any of these may deny the green car holder the opportunity to apply for U.S. citizenship and could lead to deportation.
Any British Columbia citizen who wants to enter into a marriage with a U.S. citizen, or get a divorce from one, will likely benefit by becoming fully informed regarding any immigration law issues. A lawyer who is registered on both sides of the border and experienced in all matters related to U.S. immigration is a solid choice. The lawyer can review the available facts, suggest the best way to proceed and provide ongoing support.
Source: divorce.lovetoknow.com, “Green Card and Divorce“, Audrey M. Jones, Accessed on Sept. 29, 2017
Do you need a green card or a visa to enter the U.S.?
British Columbia residents who are planning to go to the United States for employment or other reasons may be confused about the requirements for legal entrance and the length of time they will be allowed to stay. With frequent changes to U.S. immigration regulations, it could be quite a challenge to navigate the necessary processes to ensure smooth entry at the border and during the stay. The first thing to understand is the difference between a visa and a green card, which is also called a Permanent Resident Card.
Although both these documents can allow an individual to stay or live in the United States, there is a significant difference. Permanent U.S. residence and employment are allowed for those with green cards, while there could be a time limit attached to a visa. However, two types of visas exist — non-immigrant and immigrant visas.
A person who holds a nonimmigrant visa will have a specific date by which he or she must leave the United States. These are typically issues for visitors, students, business people and such. In comparison, an immigrant visa — the same as the green card — allows an individual to stay in the United States and apply for U.S. citizenship. There are limited numbers of immigrant visas allocated annually, and they are typically obtained through sponsorship by employers, family or special immigration status.
Any person from British Columbia or another country who remains in the United States beyond the expiry date on a nonimmigration visa might be removed and returned to his or her home country. To avoid such a situation, it might be wise to consult with a British Columbia lawyer who is experienced in dealing with U.S. immigration issues. A lawyer who is registered on both sides of the border can be invaluable if complications arise at the border or in the United States.
Source: Echo Press, “Immigration issues and answers“, Celeste Edenloff, Oct. 25, 2017
Which type of visa do you need to visit the U.S.?
Whether you are a British Columbia citizen who wants to travel across the border for temporary employment, to study or to visit, getting the paperwork done can be a daunting task. With frequent changes to U.S. immigration laws and visa requirements, it can be nearly impossible to understand all of the intricacies involved without professional assistance. Having the process simplified might improve your chances of a successful visa application.
Visas to authorize education, employment or training may require extensive documents, applications and petitions to demonstrate your eligibility. The fact that you have to navigate the laws of both Canada and the United States doubles the complexity of the process.
Non-immigrant visas
The first obstacle may be determining the type of visa for which to apply. Non-immigrant visas comprise of 20 different categories. However, the three main types are for business visitors and tourists, education, and temporary workers — each with subcategories. The following details might help you:
- Education visas: If you are a student with a valid registration at an academic establishment, you must apply for the F-1 visa. This covers students at high schools, language schools, conservatories, universities, colleges or seminaries. However, if you plan to attend a non-academic or vocational program, you will need an M visa. Then there is the J visa that applies to exchange visitors like trainees, students, professors, teachers and more.
- Temporary workers: To enter the United States as a temporary worker, you will need to apply for an H visa. If you are a professional such as a computer programmer or systems analyst, you must have an H-1B visa. However, agricultural workers need H-2A visas.
- Business visitors and tourists: Business visitors are those who intend to engage in commercial transactions, and tourists visit the U.S. for pleasure. If this is your category, the B-1 or B-2 visa will apply to you. If you plan to do business and stay on as a tourist, you can apply for a multiple-purpose B-1/B-2 visa — which do not allow you to accept employment.
- Others: Other non-immigrant visas include those for diplomats, aliens in transit, crewmembers, investors, foreign media representatives, religious workers and more.
Where to find proper guidance and support
It can be difficult to separate faulty information and misguided advice obtained from the internet from accurate information regarding immigration issues. For that reason, the most appropriate route might be to consult with a Vancouver law firm whose focus is on U.S. immigration, and one that is fully familiar with the legalities on both sides of the border. If you work with a firm that is a trusted source of up-to-date immigration advice, it can increase your chances of a favourable outcome.
How does the U.S. immigration Visa Bulletin work?
The U.S. Visa Bulletin is published every month, and it serves to update employment- or family-sponsored visa applicants with the status of their applications. British Columbia residents who have visa applications filed with U.S. immigration can keep track of their positions in the queue by studying the bulletin. This is where they will be able to tell when their visas are available, which will allow them to file an application for a green card or adjustment of status.
The time an applicant has to wait depends on various matters. Only a specific number of visas for immigrants are issued every year, and the number already issued that year, along with the demand for visas, will play a role in the waiting time. There are also limits to the numbers of visas available for issue per country along with limits per category. All these can affect the time it takes to obtain a visa.
Those who want a visa to get a green card or an adjustment of status to become a permanent resident must follow specific procedures. The first step is the filing of an immigration petition by an employer or qualifying relative. Some petition types, such as spouses of U.S. citizens and unmarried children under age 21, allow the immediate availability of visas, while applicants for other types have to wait. Each application is allocated a priority date, which is the date a family member filed the petition or when the labour certificate was accepted by the Department of Labor.
The Visa Bulletin will have a cut-off date, and if the applicant’s priority date is earlier than the cut-off date or if a “C” is indicated — meaning current — then the visa is ready for collection. Because U.S. immigration is such a complicated process, many British Columbia residents utilize the services of experienced lawyers to navigate it for them. Lawyers who are familiar with the laws of both countries as well as any changes in legislation can provide the necessary support and guidance.
Source: FindLaw, “How to Use the U.S. Visa Bulletin“, Accessed on April 14, 2018
Still have questions? Contact Border Solutions Law Group today to schedule a consultation.