Navigating the U.S. immigration system can feel overwhelming, especially when it comes to reuniting families. If you are hoping to bring a loved one to the United States, understanding how to apply for a family-based visa is essential. This guide will walk through each step of the process and explain what to expect along the way.
Need help with your family-based immigration case? Contact Law Offices of Daniel A. Lorber, PC through our online contact form or call (469) 405-2966.
Understanding Family-Based Immigration
Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain relatives for lawful status in the United States. The goal of this system is to promote family unity by making it possible for families to live together.
There are two main types of family-based immigration categories:
- Immediate relatives – This includes spouses, unmarried children under 21, and parents of U.S. citizens aged 21 or older. These visas are not subject to numerical limits.
- Family preference categories – This covers more distant relatives, such as married children or siblings of U.S. citizens, and spouses or unmarried children of lawful permanent residents. These visas have annual limits, which can result in longer wait times.
Understanding which category your loved one falls under helps determine eligibility and the timeline for the process.
Step 1: Determine Eligibility
The first step in applying for a family-based visa is confirming that both the sponsor (the petitioner) and the family member (the beneficiary) meet the eligibility requirements.
The sponsor must be either a U.S. citizen or a lawful permanent resident and be at least 18 years old. They must also show that they have enough income or assets to support the relative and prevent them from becoming a “public charge.”
The family member being sponsored must not be barred from entering the U.S. due to reasons such as certain criminal convictions or prior immigration violations.
Step 2: File the Petition
Once eligibility is confirmed, the next step is for the sponsor to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship between the petitioner and the beneficiary.
Along with the form, the sponsor will need to provide:
- Proof of U.S. citizenship or lawful permanent residency (such as a passport, birth certificate, or green card)
- Evidence of the family relationship (such as marriage or birth certificates)
- Required filing fees and supporting documents
After submission, USCIS will review the petition and may issue a Request for Evidence (RFE) if additional documentation is needed.
Step 3: Wait for Petition Approval and Visa Availability
If USCIS approves the petition, it is sent to the National Visa Center (NVC) for further processing. For immediate relatives, visa numbers are always available, so processing can move forward more quickly.
For family preference categories, the applicant must wait until a visa number becomes available. The U.S. Department of State publishes a monthly Visa Bulletin that lists the current wait times for each category and country.
This stage can take months—or sometimes years—depending on the category and the applicant’s country of origin.
Step 4: Submit the Visa Application and Affidavit of Support
When the visa number is available, the next step is submitting Form DS-260 (Immigrant Visa Application) online through the NVC. At this stage, the sponsor must also complete Form I-864 (Affidavit of Support) to demonstrate their financial ability to support the immigrant.
To ensure a smooth process, applicants should have the following ready:
- A valid passport
- Civil documents (birth, marriage, or police records)
- Medical examination results from an approved physician
- Payment of visa fees
After the NVC reviews and accepts all documentation, the applicant will be scheduled for an interview at a U.S. embassy or consulate.
Step 5: Attend the Visa Interview
The visa interview is one of the most important parts of the process. It allows a consular officer to verify the applicant’s eligibility and the authenticity of the relationship.
Before the interview, the applicant should review their application carefully and bring all required documents. Questions may include details about the relationship, living arrangements, and the sponsor’s background.
If approved, the applicant will receive an immigrant visa in their passport, allowing them to enter the United States as a lawful permanent resident.
Common Mistakes to Avoid During the Process
Even small mistakes can cause major delays or denials in family-based immigration applications. Here are a few key things to watch out for:
- Submitting incomplete or inaccurate forms
- Failing to include sufficient documentation proving the relationship
- Missing deadlines or failing to respond to requests for evidence
- Using outdated forms or fee amounts
- Not updating addresses or contact information with USCIS or NVC
Avoiding these common errors can make the process smoother and prevent unnecessary setbacks.
Step 6: After Arrival in the United States
Once the visa holder arrives in the U.S., they will be inspected at a port of entry by a U.S. Customs and Border Protection officer. If admitted, they become a lawful permanent resident and will receive their green card by mail.
Family members who receive green cards through family-based immigration have most of the same rights and responsibilities as other permanent residents, including the ability to live and work permanently in the U.S.
In most cases, they can later apply for U.S. citizenship after meeting the residency and other eligibility requirements.
Additional Tips for a Successful Application
Preparing early and staying organized can make a significant difference in the outcome of a family-based immigration case. Consider the following practical tips:
Key preparation steps include:
- Keeping copies of every document and form submitted
- Checking the Visa Bulletin regularly for updates on wait times
- Consulting with an experienced Dallas immigration law attorney to ensure compliance with current laws and policies
- Preparing for the interview by reviewing the submitted information thoroughly
By staying proactive and informed, families can minimize delays and increase their chances of success.
When Legal Guidance May Help
The immigration process can involve unexpected challenges, such as document requests, delays, or visa denials. Working with a Dallas immigration law attorney can help families navigate these complexities, understand their rights, and ensure every requirement is properly met.
Professional guidance also provides peace of mind during a process that can feel both emotional and uncertain.
Contact Law Offices of Daniel A. Lorber, PC for Family-Based Immigration Guidance in Dallas, TX
If you’re ready to begin your family-based immigration journey, Law Offices of Daniel A. Lorber, PC is here to help guide you through each step. Our firm helps individuals and families understand their options and prepare the strongest possible case for reunification.
Reach out through our online contact form or call (469) 405-2966 to discuss your situation with a trusted Dallas immigration law attorney.