If you live in Los Angeles, you may be wondering how the family-based immigration visa process works and how you can get started. This is a type of immigration specifically designed for immigrants who have family members who are U.S. citizens or green card holders. It provides a more straightforward approach for them to gain citizenship if they go through the family-based immigration system.

At The Berdugo Law Firm, APC, we are dedicated to providing our immigration clients with the assistance they need as they navigate immigration based on family relationships. Keep reading to find out more about the immigration family preference categories and how to start your petition.

Family-Based Immigration Categories

As you navigate the family-based immigration system, the first thing you need to understand is different preference categories. These categories will dictate how you need to proceed with your petition and how quickly it will go through.

The immediate relatives category is the most sought after option as it comes with the most benefits; however, it is only reserved for the closest family members of U.S. citizens. Immediate relatives include spouses, unmarried children under the age of 21, and parents if the U.S. citizen is 21 or over. 

If you do not fall into the immediate relative category, the other option is the family preference category, which is meant for more distant relatives. This includes five subclasses, which are broken down by the type of relative:

• F1: Unmarried children and their minor children of U.S. citizens.
• F2A: Spouses, minor children, and unmarried adult children over the age of 21 of green card holders.
• F2B: Unmarried children who are 21 or older of green card holders.
• F3: Married children of U.S. citizens, including their spouses and their minor children.
• F4: Siblings of U.S. citizens who are 21 or older, along with their spouses and minor children.

If you fall into the immediate relatives category, the process will be much faster, and there is a greater chance of you being approved as there is no visa limit. 

On the other hand, if you are a distant relative, this type of family-based immigration visa is subject to an annual quota, which can make it more difficult to be approved. The waiting time is much longer, and it may be more difficult to find the documentation needed to prove that the relationship is valid.

Understanding the Family-Based Immigration Process in Los Angeles

To begin the family-based immigration process in Los Angeles, the U.S. citizen or green card holder will have to sponsor their foreign relative. You will begin this process by filing form I-130, which is a petition for alien relative. When you do this, you are acting as their sponsor and, as such, are taking responsibility for them.

Here are the basic steps you need to take when you begin this process as a sponsor:

• Determine eligibility: You will need to understand the different visa categories so that you know how to proceed with the petition. You also need to ensure you meet all of the eligibility requirements, such as being at least 18 years old to qualify as a sponsor and having a valid relationship with a foreign relative. 
• Gather documentation: A significant part of the immigration process for family members is to provide supporting documents with your petition. These documents need to demonstrate your relationship with your foreign relative to prove that it is valid and not fraudulent for the purpose of immigration. Examples of supporting documents you need to locate include birth certificates, adoption papers, marriage certificates, passport photos, divorce decrees, etc.
• Submit the petition: Once you have completed the above steps, the next step is to actually file form I-130 with the supporting documents you have located. You will also need to pay any application fee fees with the USCIS when you do this. Keep in mind that filing fees can change throughout the year, so you may need to stay up-to-date with the latest fees.

If you are petitioning for a family preference visa, these visas are subject to annual quotas, so you will have to wait for a visa to become available. There is a monthly visa bulletin that provides information about this that you will need to keep track of so that you know when your priority date becomes current. As soon as your priority date is current, you can apply for an immigrant visa or adjustment of status.

Why Family-Based immigration Cases Need Legal Representation

It can be tempting to try to go through the family-based immigration process on your own without seeking legal representation. However, this is never advisable since this can be a tricky process, especially if your case is more complex or you fall into the family preference category.

An immigration attorney in Los Angeles can help you assess your case to better understand what category your relative fits into. They can also help you ensure you are eligible before filing the petition to avoid any unnecessary delays.

One of the biggest benefits of hiring an attorney is that they will help you when it comes to preparing and filing the petition. They can help you locate essential pieces of documentation and ensure you fill out form I-130 correctly.

A Los Angeles immigration attorney can also help you keep track of visa availability so that you are informed of your priority date. They can help you with the next steps of this process, whether you are either applying for consular processing or adjusting your immigration status.

Contact an Immigration Attorney at The Berdugo Law Firm

If you want to legally bring your loved ones to the U.S., there are certain steps you need to take when it comes to family-based immigration. You will need to understand what the different categories mean, the eligibility requirements, and how you can provide evidence of a valid relationship.
At The Berdugo Law Firm, we are committed to providing our clients with reliable and straightforward legal guidance as they navigate the process of sponsoring an immigrant family member. Contact us today at 323-642-9933 to speak with an attorney about your case.