In this article, you can discover:
- The relationships that make you eligible for a family-based visa.
- The role of sponsors in the family-based visa application process.
- Key processes and scenarios related to family-based visa applications.
Who Is Eligible To Apply For A Family-Based Visa?
Those classified as immediate family members – mother, father, brother, sister, and spouse – are eligible. Both adoptive and biological relationships are recognized.
How Is ‘Family’ Defined For A Family-Based Visa?
Apart from the direct blood relationships like mother, father, brother, and sister, marriage also constitutes a family tie. Your spouse, whether by a recent marriage or an existing one, can be a reason for you to apply.
What Are The Requirements For A Family-Based Visa Sponsor?
Any adult over 21 years can be a sponsor. This includes friends, distant relatives, or the person directly petitioning for the visa applicant. The sponsorship form is a vital component of the initial visa petition.
Can Your Family Stay In The U.S. While The Visa Petition Is Underway?
No, the intended beneficiary cannot enter the U.S. while the visa petition is in process. However, there are exceptions. For instance, if someone enters the U.S. on a tourist visa and then gets married, they can adjust their status to a lawful permanent resident or green card holder.
How Do You Obtain A Family-Based Visa?
The main step involves adjusting your status through an application to the United States Citizenship and Immigration Services (USCIS). You’re changing your designation from a non-immigrant to an immigrant, signaling your intent to reside permanently in the U.S.
Is It Possible To Contest A Rejected Family-Based Visa Application?
Absolutely. All decisions made by the United States Citizenship and Immigration Services can be appealed. However, the success of your appeal largely depends on the merit of your case and the expertise of your attorney.