Nassau County Family-Based Immigration Lawyers

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Family-based sponsorships are a common method for individuals to obtain lawful permanent residency in the United States. According to the law, United States citizens and permanent residents can sponsor certain immediate family members to legally work and live in the U.S. This process typically occurs by having the sponsor file a petition for immigration with the United States Citizenship and Immigration Services (USCIS) for the beneficiary. 

The sponsor does have to meet certain requirements, including executing a legally binding affidavit of support for the beneficiary that guarantees a minimum standard of living no lower than 125% of the national poverty level for the beneficiary. The sponsor is also required to maintain this obligation until his or her relative has achieved citizenship or worked in the county for 40 qualifying quarters.

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If a family member is not considered an immediate relative, then they will be categorized according to preferences, and must wait until a visa is available. The number of available visas are limited annually, and first preference is often given to unmarried adult sons and daughters of U.S. citizens who are 21 years of age or older.

Understanding the Family Preference System

When a U.S. citizen or permanent resident sponsors a family member, their application is placed into a preference category, which determines how long they must wait for a visa.

Here’s a breakdown of the family preference categories:

• F1 – Unmarried adult children (21+) of U.S. citizens
• F2A – Spouses and unmarried children (under 21) of permanent residents
• F2B – Unmarried adult children (21+) of permanent residents
• F3 – Married children of U.S. citizens
• F4 – Siblings of U.S. citizens

Expected Wait Times

• Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) do not have to wait for a visa.
• Family preference categories have annual visa limits, leading to wait times that range from a few months to several years.
• The Visa Bulletin, published monthly by the U.S. Department of State, shows which priority dates are currently being processed.

Adjustment of Status vs. Consular Processing

When applying for a green card, family members have two options:

1. Adjustment of Status (AOS)

• For those already in the U.S. on a valid visa.
• Allows applicants to apply for a green card without leaving the country.
• Requires filing Form I-485 and attending an interview.
• Challenge: Applicants must maintain lawful status while waiting.

2. Consular Processing

• For family members living outside the U.S.
• The sponsor files Form I-130, and once approved, the beneficiary applies for an immigrant visa at a U.S. consulate.
• Challenge: Longer processing times and risk of visa denials.

Affidavit of Support and Financial Requirements

Sponsors must show they can financially support their family member.

Who Can Be a Sponsor?

• U.S. citizens or green card holders.
• Must be at least 18 years old and reside in the U.S.

Income Requirements

• Sponsors must earn at least 125% of the federal poverty level.
• If the sponsor’s income is too low, a joint sponsor can help.

Failure to Meet Obligations

• The sponsor remains financially responsible until the beneficiary becomes a U.S. citizen or earns 40 work quarters (10 years).

Frequently Asked Questions (FAQ) About Family-Based Immigration

Can I sponsor a family member if I am a green card holder?

Yes! Green card holders (lawful permanent residents) can sponsor:

• Spouses
• Unmarried children (under 21 and over 21)
• However, they cannot sponsor parents, siblings, or married children until they become U.S. citizens.

How long does the family-based immigration process take?

Processing times vary based on:

• The family relationship (immediate relatives vs. preference categories)
• USCIS and consular backlogs
• Country of origin (some countries have longer wait times)
• Immediate relatives of U.S. citizens generally have faster processing times than preference category applicants.

Can I work while waiting for my green card?

• If you’re applying through Adjustment of Status (within the U.S.), you can apply for a work permit (EAD). However, if you’re going through Consular Processing, you must wait until you receive your green card.

What happens if my sponsor loses their job?

• Losing a job does not automatically cancel the sponsorship. However, the sponsor must still prove they meet the financial requirements. If they can’t, a joint sponsor may be needed.

Can my fiancé(e) come to the U.S. before we get married?

• Yes! You can apply for a K-1 fiancé(e) visa, allowing your fiancé(e) to enter the U.S. You must get married within 90 days of their arrival, after which they can apply for a green card.

What if my petition is denied?

Denials can happen for various reasons, such as missing documents or not proving a valid relationship. If denied, you may:

• File a motion to reconsider
• Submit a new petition with stronger evidence
• Seek an immigration attorney’s help to address the issues

Do I need a lawyer for a family-based immigration case?

• While not required, a lawyer can help avoid mistakes, reduce delays, and handle complex situations like waivers, inadmissibility issues, or appeals.

Get Your Initial Consultation Today

We understand how confusing and complicated the process may seem, and believe that it is important to have a helpful immigration lawyer who can answer all your questions and be at your side every step of the way. At the Kapoor Law Firm, we are dedicated to helping immigrants find opportunities and build better lives in the United States. We work hard to help families reunite in our country.