Family-Sponsored Preferences In Immigration Law

On Behalf of | May 10, 2022 | Firm News

There are variety of methods that can be used to expedite the immigration process to the U.S. A common one used is called Family-Sponsored Preferences. But what are Family-Sponsored preferences in immigration law and how can they help foreign nationals expedite the somewhat lengthy and arduous immigration process overall?

According to the U.S. Department of State Bureau of Consular Affairs, family-sponsored immigration petitions can be filed only by relatives who are current U.S. citizens or who have Permanent Residence status. The law states that these family members need to be “immediate relatives,” which is defined as either full blood parents, spouses or children. If the marriage is less than two years old, the law adds additional rules to the immigration petition. Married as well as unmarried children (sons/daughters), brothers or sisters or spouses over the age of 21 all count.

Benefits of Family-Sponsored Preferences

A benefit to using family-sponsored preferences is that if you are an immediate relative, and you qualify for this expedited immigration status, you won’t be faced with long waiting times to get approved for your visa. Most immediate relatives can file Form I-485 to update their status. However, preference relatives are faced with lengthy waiting times to get their Permanent Residence status approved. This is due to the fact that the U.S. government has stringent rules and guidelines in place as well as limits that are set annually for the amounts of immigrants who can be approved. Waiting times can and do vary, depending on what region/country you are immigrating from and the family preference category you fall under.

Basic Requirements

There are some basic requirements that will determine your eligibility and approval for family-sponsored immigration.

  • Your sponsoring relative needs to file Form I-130, “Petition for Alien Relative,” a petition that proves they are a qualifying relative and they are agreeing to sponsor you for Permanent Residence status.
  • You’ll need an I-130 form filed for each relative that’s being sponsored, submitted as an individual form.
  • You’ll need to submit supporting documentation that proves that you are a qualifying family member.
  • Most cases require something called an “Affidavit of Support” that is submitted alongside of each qualifying I-130 petition.

Immigration into the U.S. is a dream for millions of people. Having family members who reside here that can help you expedite the process makes it more feasible that you will be approved for Permanent Residence status. Due to how complex the immigration process is, just one error on your paperwork could see your application rejected or could reset the waiting time. Make sure you consult with an experienced immigration attorney to avoid any setbacks along the way.

Margaret W. Wong & Associates, LLC is dedicated to providing high quality, efficient, and prompt services to both companies and individuals in immigration to the United States. Schedule a consultation by calling 866-837-6806 or Contact Us today.