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What's the legal process for sponsoring a spouse or family member for immigration to the United States?

Picture of Chris Battis By   ·  1 minute read

To sponsor a spouse or family member for immigration to the United States, one must go through the process of obtaining a family-based immigrant visa. The process involves the following steps:

  1. Filing the Petition: The first step in sponsoring a family member for immigration is to file a petition with the United States Citizenship and Immigration Services (USCIS). The petitioner must submit Form I-130, which establishes the relationship between the petitioner and the beneficiary. The petitioner must also provide evidence of their status as a U.S. citizen or legal permanent resident and evidence of the beneficiary's relationship to the petitioner, such as a marriage certificate or birth certificate.
  2. Waiting for Approval: After submitting the petition, the petitioner must wait for USCIS to approve it. The processing time can vary, but typically takes several months.
  3. Visa Processing: Once the petition is approved, it is sent to the National Visa Center (NVC) for processing. The NVC will send the petitioner and beneficiary instructions on how to apply for an immigrant visa. This involves submitting additional documentation, such as police certificates and medical exams.
  4. Interview: After completing the visa processing steps, the beneficiary will be scheduled for an interview at a U.S. embassy or consulate in their home country. The purpose of the interview is to determine if the beneficiary is admissible to the United States.
  5. Arrival in the United States: If the beneficiary is approved for an immigrant visa, they can enter the United States as a legal permanent resident. They will receive a green card, which grants them the right to live and work in the United States.

It is important to note that certain family relationships may have different requirements and limitations. For example, spouses of U.S. citizens may have a shorter processing time than spouses of legal permanent residents. Additionally, there may be limitations on the number of visas available for certain family relationships.

If you are considering sponsoring a family member for immigration, it is recommended that you consult with an experienced immigration attorney to ensure that you understand the process and any potential limitations or exceptions that may apply to your specific situation.