Family-Based Immigration Attorneys In Kansas City, Missouri

Family-based immigration allows U.S. Citizens and Lawful Permanent Residents to sponsor their noncitizens relatives to become Lawful Permanent Residents. This process can be intricate and daunting. This page aims explains the basics of family-based immigration and practical tips for navigating the system.

Categories of Family-Based Immigration

Not all family relationship are eligible for family-based immigration.  The categories eligible for family-based immigration include:

• Immediate Relatives: There is no limit to how many Immediate Relatives can become Lawful Permanent Residents each year. As a result, it is often the quickest family-based process. You are an immediate relative if you are:
• The spouse of a U.S. Citizen, including same-sex spouses, 
• The unmarried child under 21 of a U.S. Citizen, or
• The parent of a U.S. Citizen (if the U.S. Citizen is 21 years of age or older).

• Family Preference Categories: There are limits on how many applications can be granted each year for noncitizens who fall in each family preference category. This can cause significant delays, depending on the category you fall in. However, you may be eligible for a family-based petition if you meet any of the following relationship requirements:
• First Preference Category (F1): You are 21 years of age or older and you are an unmarried son or daughter of a U.S. Citizen
• Second Preference Category (F2A): You are a spouse or unmarried child under 21 of a Lawful Permanent Resident (includes same-sex spouses)
• Second Preference Category (F2B): You are 21 years of age or older and you are an unmarried son or daughter of a Lawful Permanent Resident
• Third Preference Category (F3): You are a married son or daughter of a U.S. Citizen
• Fourth Preference Category (F4): You are a brother or a sister of a U.S. Citizen, and the U.S. Citizen is 21 years of age or older

Submitting Family-Based Petitions

If you fall into any of the categories listed above, your U.S. Citizen or Lawful Permanent Resident relative may be able to file a petition on your behalf. The process depends on whether you are inside or outside of the United States. Certain noncitizens who are already inside the United States can apply for Lawful Permanent Resident through a process called "adjustment of status." However, you may be ineligible to adjust status, depending on how you entered the United States, or if you committed a particular violation of immigration law. It is important to understand your eligibility before submitting an application to USCIS.

Certain noncitizens who are outside of the United States can apply for Lawful Permanent Resident status as a means to reunite and join family members who are already in the United States. Your relative must submit a petition on your behalf and, once approved, you can apply for an immigrant visa to enter the United States. You will need to attend an interview at a U.S. Consulate or Embassy, where an officer will determine if you are eligible to receive an immigrant visa.

Practical Tips for Navigating the Process

• Understand Your Category: Determine which category you fall into and the specific requirements and waiting times associated with it. This will help you set realistic expectations and plan accordingly.
• Gather Documentation Early: The application process involves a significant amount of documentation, including proof of relationship, financial support, and identity. Starting early and keeping your documents organized can save time and prevent delays.
• Stay Informed: Immigration laws and policies are subject to change. Regularly check official resources like the USCIS website or consult with an immigration attorney to stay updated on any developments that might affect your case.
• Be Prepared for Interviews: In many cases, both the petitioner and the beneficiary may need to attend interviews. Being well-prepared for these interviews, including having all required documentation and being ready to answer questions about your relationship, can make a significant difference.
• Seek Professional Help: Navigating family-based immigration can be complex. Consulting with an immigration attorney can provide personalized guidance, help avoid common pitfalls, and ensure that your application is as strong as possible.