The journey to permanent residency in the United States involves complex laws and ever-changing immigration policies. If you are seeking to reunite with family members who are residing in the United States, it’s essential to have a clear understanding of the processes involved in family-based immigration sponsorship. Whether you are a U.S. citizen or a Lawful Permanent Resident ready to sponsor a relative, taking this into consideration is crucial for starting your immigration application.

There are important elements of family-based sponsorship and the eligibility requirements to determine who qualifies for sponsorship has unique criteria. USCIS (United States Citizenship and Immigration Services) categorizes family-based immigration into two primary categories, each designed to address specific familial relationships and immigration requirements. The two categories are:

• Immediate Relative Category: These are for close family relations of U.S. citizens, including spouses, children, or parents. Key features include:
  • No annual limit on the number of visas issued.
  • Direct path to reunification with immediate family members.

• Family Preference Category: These visas are designed for more distant family relationships with U.S. citizens, and certain relationships with Lawful Permanent Residents. They include:
  • Limited each year, which requires planning and timely application. Here’s who is covered under the Family Preference Category:
    • F1 Category (First Preference): Unmarried children of U.S. citizens, and their minor children (over 21).
    • F2 Category (Second Preference):
      • F2A: Spouses and minor children (under 21) of lawful permanent residents.
      • F2B: Unmarried children (21 and older) of lawful permanent residents.
    • F3 Category (Third Preference): Married children of U.S. citizens, and their spouses and minor children.
    • F4 Category (Fourth Preference): Siblings of U.S. citizens and their spouses and minor children. The U.S. citizen sponsor must be at least 21.

Navigating these categories requires understanding of United States immigration law. At the Law Offices of James A. Welcome, we guide you through each step of this important process. Contact Attorney Welcome at (203) 753-7300 to see how we can help with your immigration case.

What Forms Need to be Filed for Family-Based Sponsorship?

The family-based immigration process involves several key steps, starting with the U.S. citizen or lawful permanent resident submitting Form I-130 (Petition for Alien Relative) to USCIS. This form is crucial in establishing the familial relationship between the sponsor and the beneficiary. Once the application is filed, the process diverges based on the beneficiary’s location. If they are residing within the United States, they may proceed with an adjustment of status. If the beneficiary is outside the U.S., the process involves consular processing in their home country. For relatives who are not immediately eligible for a visa, having their petition approved assigns them a priority date, which secures their position in the queue until a visa becomes available.

The Law Offices of James A. Welcome assists clients through each phase, ensuring all documentation is thoroughly prepared and submitted correctly. Don’t risk delays in your immigration application. Contact Attorney Welcome at (203) 753-7300.

What is the Difference Between Adjustment of Status vs. Consular Processing?

The difference between Adjustment of Status and Consular Processing is the following:

• Adjustment of Status:
  • Adjustment of Status allows individuals already in the United States to apply without leaving the country. 
• Consular Processing:
  • Consular Processing is for individuals who are outside the U.S. and involves working with a U.S. consulate in their home country to obtain their visa. 

What are Wait Times Like Once an Application is Submitted?

In the family preference category, waiting times can be quite lengthy because there’s a limit on the number of visas issued each year. The priority date, which is the date when the I-130 petition was filed, is crucial in determining when the applicant can move forward with their visa application. Because of these caps, applicants often face extended waits, sometimes spanning several years. Each case is different and no wait time can be predicted.

For the immediate relative category, there’s no need to worry about priority dates since there are no visa caps in this category. This means the process can move much faster. Immediate relatives can often expect a smoother and quicker journey through the immigration process. In any case, you should always consult an experienced immigration attorney before you begin your application to make sure the application is as strong and fact based as possible.

Bilingual Immigration Attorneys in Connecticut

Immigration matters can often be more complicated than they appear at first glance. If you’re looking into family sponsorship or have questions about bringing loved ones to the U.S., navigating the legal landscape can be particularly challenging. Small oversights in your application or failing to stay updated on the latest policy changes and court rulings could lead to significant setbacks, such as delays or even the risk of deportation. Managing these issues on your own can be risky and might jeopardize your family’s plans and your connections within American society. Why face these challenges alone when you can have experienced legal representation to guide you through the process? At the Law Offices of James A. Welcome, we focus on providing high-quality legal services that put your interests first.

• Confidential Immigration Consultations: When you reach out to our firm, you’ll be met with knowledgeable bilingual legal professionals eager to learn about your situation and answer any questions you might have. We’re here to introduce you to our team, explain our services, and set up a confidential consultation at our Connecticut immigration law firm. Attorney James A. Welcome will review your case, offering insights and realistic expectations.
• Experienced Legal Representation: Our firm is highly rated, backed by hundreds of five-star Google reviews from clients who have experienced our commitment first-hand. We bring decades of legal experience, having dealt with a wide array of immigration cases. We understand the nuances of each case and know how to approach your application in a way that enhances your chances of a favorable outcome. Choosing an inexperienced or unqualified attorney might lead to wasted money and unnecessary stress. Attorney James A. Welcome is dedicated to defending your legal rights and will use every available strategy to advocate effectively on your behalf.
• Bilingual Immigration Services: Clear communication is key in immigration proceedings, particularly when dealing with complex legal documents. Our team provides support in both Spanish and English, helping to translate and clarify documentation for USCIS submissions, thereby avoiding miscommunications that could negatively impact your case.

Family-based Immigration Legal Services

At the Law Offices of James A. Welcome, we provide a wide range of immigration services tailored to your individual needs. Whether you’re pursuing family sponsorship, asylum, or green card applications, our experienced team will be by your side. We offer unique defense strategies for those facing criminal deportation and secure waivers to protect your rights. Additionally, we handle Special Immigrant Juvenile (SIJ) status cases with the utmost care to safeguard the most vulnerable. Additionally, we manage family visa applications and assist with naturalization and citizenship processes.

Our goal is to protect your interests and achieve the outcomes you need to secure a stable and legal future in the United States. Recognized as a Super Lawyer since 2013, Attorney James A. Welcome brings a wealth of experience to effectively support your immigration needs. For those in need of a knowledgeable Connecticut immigration lawyer who not only offers bilingual representation but is also personable, look no further than Attorney James A. Welcome. We understand that each case is unique, which is why we are committed to establishing realistic goals for our clients.

Contact us at (203) 753-7300 to begin discussing your situation. Let us help you start your immigration journey with confidence. Reach out!