Family-based immigration visa: A comprehensive guide

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Family-based immigration visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

An immigrant visa is a crucial step for many who wish to live permanently in the United States. In particular, the family-based immigrant visa allows relatives of U.S. citizens to settle in the United States. This guide provides a comprehensive overview of the various aspects of an immigrant visa, especially for immediate relatives of U.S. citizens.

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Family-based immigration visa

1. categories of family-based immigration visas

Family-based immigrant visas are divided into two main categories: the category for immediate relatives of U.S. citizens and the family preference categories.

Category for immediate relatives of US citizens

The immediate relative category includes spouses, unmarried children under the age of 21 and parents of U.S. citizens who are at least 21 years old. There are no annual caps on the number of visas granted in this category, making it particularly attractive. This category is often considered the fastest and most direct route to permanent residency.

Spouse

A spouse of a U.S. citizen may be an immediate relative eligible for an immigrant visa. The applicant must prove that the marriage was legally valid and not entered into for the purpose of immigration.

Unmarried children under the age of 21

Children of a US citizen who are under 21 years old and unmarried can also be considered immediate relatives. Proof of the parent-child relationship is decisive here.

Parents of US citizens

Parents of US citizens who are at least 21 years old can also apply for an immigrant visa. The US citizen must prove that he or she can prove the parent-child relationship.

Family preference categories

The family preference categories have annual ceilings and include:

  • F1 - Unmarried sons and daughters of U.S. citizens who are 21 years of age or older.
  • F2A - Spouses and unmarried children of Green Card holders.
  • F2B - Unmarried sons and daughters of Green Card holders who are 21 years of age or older.
  • F3 - Married sons and daughters of US citizens.
  • F4 - Siblings of adult US citizens.


These categories are subject to annual quotas, which can result in the process taking significantly longer than for immediate relatives.

Family-based immigration visa

2. requirements for a family-based immigration visa

To apply for a family-based immigrant visa, the petitioner must be a U.S. citizen or permanent resident (green card holder). The family relationship must be clearly established and the petitioner must assume financial responsibility for the applicant. This is done by submitting an Affidavit of Support (I-864 form), which ensures that the petitioner will not be on public assistance.

Proof of the family relationship

Proof of kinship is a crucial part of the application process. This includes:

  • Birth certificates
  • Marriage certificates
  • Adoption certificates (if applicable)

Financial responsibility

The petitioner must prove that he or she is in a position to support the applicant financially. This is ensured by submitting tax returns, payslips and other financial evidence.

Family-based immigration visa

3. the application process

Filing the I-130 form

The first step is to file the I-130 form with the US Citizenship and Immigration Services (USCIS). This form is used to verify and confirm the relationship between the petitioner and the applicant. The processing time for the I-130 form can vary, so it is advisable to file the application as early as possible.

National Visa Center (NVC) processing

After the I-130 form is approved, the case is forwarded to the National Visa Center (NVC). The NVC will request additional documents and fees before forwarding the case to the appropriate U.S. consulate in the applicant's home country. The documents requested include financial proof, police clearance certificates and medical examinations.

Consular process

The final step in the application process is an interview at the U.S. Consulate. During this interview, the applicant and petitioner must prove their relationship and eligibility for the immigrant visa. It is critical that all required documents are presented and all questions are answered truthfully. Upon successful completion of the interview, the visa will be entered into the applicant's passport and they will be able to enter the United States.

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Family-based immigration visa

4. common challenges and how a lawyer can help

Applying for an immigration visa can be complex and time-consuming. Rejections and delays are not uncommon, often due to errors in the application or incomplete documents. An experienced attorney can help overcome these challenges by overseeing the process, reviewing documents and providing legal advice. A Lawyer can also assist in preparing for the consular interview and ensure that all legal requirements are met.

Common mistakes when submitting an application

  • Incomplete or incorrect documents
  • Insufficient financial evidence
  • Errors in the provision of personal information
  • Misunderstandings regarding the requirements of the consular interview

Legal support

  • Monitor the application process and ensure that all deadlines are met
  • Check documents and forms and ensure that they are complete and correct
  • Provide legal advice and support in preparing for the consular interview

Family-based immigration visa

5. necessary documents and forms

To submit the application successfully, you will need the following documents:

  • Birth certificatesProof of birth of the applicant and the petitioner.
  • Marriage certificatesIf the petitioner is the spouse of the petitioner.
  • Divorce decreesIf applicable, to prove previous marriages.
  • Adoption certificatesIf the applicant is an adopted child.
  • Police clearance certificatesProof that the applicant has no criminal past.
  • Military service certificatesIf applicable.
  • Financial evidence of the petitionerTax returns, payslips to prove financial support.

Forms to be completed

  • I-130 FormPetition for Alien Relative.
  • DS-260 formOnline Immigrant Visa and Alien Registration Application.
  • I-864 FormAffidavit of Support to guarantee financial support.

Family-based immigration visa

6. FAQ (Frequently Asked Questions)

How long does the process of obtaining a family-based immigrant visa take?

The duration of the process can vary greatly, depending on the specific category of visa and the individual situation. In general, it can take anywhere from a few months to several years. The processing time for the I-130 form alone can range from 6 months to over a year, depending on the processing speed of the USCIS.

Can the applicant travel to the USA during the process?

It is possible for the applicant to travel to the U.S. during the process, but only with an appropriate visa, such as a tourist visa. However, it is important to note that entering the U.S. as a tourist during an ongoing immigrant visa process can lead to complications, as immigration authorities may be suspicious of the applicant's intentions.

What happens if the application is rejected?

If the application is rejected, the applicant will receive a written explanation of the reasons for the rejection. In some cases, it is possible to provide additional information or documents to challenge the decision. A Lawyer can provide valuable support in such cases and help with the preparation of a new application or appeal.

Can a lawyer handle the entire process for me?

A Lawyer can take care of most of the process for you, including submitting the necessary forms, checking documents and preparing for the consular interview. However, it is important that the applicant actively cooperates, especially when it comes to obtaining personal documents and attending the consular interview.

What are the most common reasons for the rejection of a visa application?

The most common reasons for the rejection of a visa application are incomplete or incorrect documents, doubts about the authenticity of the relationship between the petitioner and the applicant, insufficient financial evidence and a criminal past of the applicant. An experienced Lawyer can help to avoid such problems by ensuring that all requirements are met completely and correctly.

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Family-based immigration visa

7. costs of the application

The cost of applying for a family-based immigrant visa to the U.S. can vary significantly, depending on the specific circumstances and requirements of the case. Here are the main cost points you should consider:

Application fees

I-130 Form (Petition for Alien Relative)

The filing fee for the I-130 form is currently $535. This fee is non-refundable even if the application is denied.

DS-260 Form (Online Immigrant Visa and Alien Registration Application)

The processing fee for the DS-260 form is $325. This fee is also non-refundable.

I-864 Form (Affidavit of Support)

There is no separate fee for the I-864 form, but it must be submitted along with other financial evidence.

Medical examination

The applicant must undergo a medical examination conducted by a physician licensed by the U.S. government. The cost of the medical examination may vary by country and physician, but is generally between $200 and $500.

Police clearance certificates

In some countries, fees may apply for the issue of police clearance certificates. The costs vary depending on the country and specific requirements.

Translations and certifications

If documents are in a language other than English, they must be translated and notarized. The costs for translations and notarizations may vary, but are usually between $20 and $50 per page.

Additional costs

Attorney fees

The commissioning of a Lawyer may incur additional costs. These fees can vary greatly depending on the complexity of the case and the experience of the solicitor. In general, legal fees can range from $1,500 to $5,000 or more.

Travel expenses

If the applicant has to conduct a consular interview in another country, travel costs may be incurred. These costs include flight tickets, accommodation and meals.

Shipping charges

Fees may also be incurred for sending documents and forms. These costs are generally low, but should be taken into account.

Summarized overview of costs

Here is a summarized overview of the possible costs:

  1. I-130 Form: $535
  2. DS-260 form: $325
  3. Medical examination: $200 – $500
  4. Police clearance certificates: Costs vary
  5. Translations and certifications$20 - $50 per side
  6. Attorney fees$1,500 - $5,000 or more
  7. Travel expenses: Costs vary
  8. Shipping charges: Low costs


The total cost of applying for a family-based immigration visa can therefore vary considerably. It is advisable to consider all possible cost points in advance and, if necessary, seek professional legal advice to make the process as smooth as possible.

Family-based immigration visa

8 Conclusion

A family-based immigration visa is an excellent way for close relatives of U.S. citizens to immigrate to the United States. However, the process can be complicated and requires careful preparation and documentation. Legal representation can ensure that all applications are filed correctly and maximize the chances of successful approval. If you or a loved one wish to apply for an immigrant visa, you should consider seeking professional legal assistance.

To summarize, the path to a family-based immigrant visa requires careful planning and close attention to the legal requirements. With proper preparation and possibly the assistance of an experienced attorney, you can greatly increase your chances of successful immigration. The United States offers numerous opportunities for new immigrants, and a family-based visa can be the first step to a new life in America.

Do you need legal support in applying for a family-based immigration visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
Germany

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Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
Germany

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