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English
The family reunification program is a scheme for moving to the United States developed by the State Department for close relatives of citizens of this country and its permanent residents with green cards. Foreigners participate in this program on an equal basis with other foreigners. An immigration visa is required for the move, issued by the consular department of the American Embassy after checking the documents and conducting a personal conversation.
Advantages of a Family reunification visa
- The scheme of moving to permanent residence does not take very much time compared to other immigration programs. The estimated period of legalization of stay in the United States is 1-5 years. It largely depends on the specific case.
- Applicants are rejected less frequently than in other immigration programs. The American authorities consider the fact that a foreigner has a blood relative in the United States who is willing to pay for entry and accommodation, as well as bear legal responsibility, to be convincing proof of a foreigner's trustworthiness.
- The right to employment appears before the green card is issued. You can work for an American company with a visa, even if you do not have permanent residence yet.
- Parents can be transported to the United States immediately after the approval of the I-130 petition. Other relatives are waiting in line for an immigration visa for much longer.
Categories of family reunification visas
Different categories of relatives are legally defined as one family. For example, the great-nephew of a pensioner who has settled in the United States for a long time, or newlyweds planning to give birth to a baby in an American maternity hospital and move to the country on the basis of parenthood, may hope to move under the reunification program. In reality, only categories of citizens and permanent residents strictly defined by the Immigration and Nationality Act (INA) have the right to file an I-130 petition. The circle of closest and so-called other relatives is also described in detail in this document.
The I-130 petition for family reunification is submitted by:
- an able–bodied citizen or permanent resident of the United States over the age of 21, ready to assume financial and legal responsibility for relatives;
- a person legally living in America - that is, a passport or green card holder;
- a close relative of someone who is going to move.
The INA Immigration Law divides moving persons into the closest relatives (Immediate Relative) and family members according to preferences (Family Preference).
For immediate family (Immediate Relative)
This group of family members of American residents receives visas outside of immigration quotas. The following close people of US citizens have the right to consider the case without restrictions:
- the applicant's husband or wife;
- unmarried/unmarried child under the age of 21;
- foster children, adopted in America and abroad;
- the father and mother of the adult applicant.
Petitions submitted in relation to the listed categories of foreigners are considered faster than others.
According to family preferences (Family Preference)
Visas for these groups of relatives are subject to quotas. That is, every year the US authorities approve a limited number of cases in different preference categories:
- F1 – unmarried and unmarried sons and daughters of American residents along with their children under the age of 21. The review period is 5-8 years.
- F2 – husbands/wives and children of permanent residents of the United States who have not reached the age of twenty–one (the period of consideration is 2+ years), as well as their adult unmarried/unmarried children (the period of consideration is 5-7 years).
- F3 – married children of American citizens, their marriage partners, and children under the age of 21. This category is awaiting case review at the age of 14.
- F4 – siblings with marriage partners and minor children. The review period is from 15 years.
The registration process
The basis for opening a case for reunification with close relatives in the United States is a petition or form I-130. Its full name in English is Petition for Alien Relative. Drafting a petition is the first step towards granting immigration status to a foreigner who has a relative in America. The purpose of providing this document is to confirm a blood or other legitimate relationship between a U.S. resident and someone who is planning to move.
It is convenient to submit the I-130 petition online. To do this, you need to register on the USCIS website in order to receive notifications about changes in the status of the application, upload documents and view everything related to the request.
Required documents
Immigration officials check family reunification applications very carefully. An individual set of documents is required for each relative, since the degree of kinship and the general situation vary. Here's what you'll probably need to participate in the program:
- a completed I-130 petition and a DS-2601 questionnaire.;
- international passport and internal passport;
- confirmation of family ties and the reality of the relationship: marriage/divorce, birth or death certificate, photos from meetings, rental agreements, joint bank accounts;
- certificate of non-criminal record;
- medical examination certificate;
- receipts for payment of the state fee for registration of the I-130 petition – $535, and the consular fee – $160;
- bank statement confirming the financial viability of the sponsor in the USA + Form I-864 (Affidavit of Support, downloaded from the website of the USCIS Citizenship and Immigration Services);
- certificate of name or surname change;
- color photos.
The annual income of an American resident sponsor who submits an I-130 petition depends on the size of the family, including the applicant himself. In short, the income of a U.S. citizen should be at least 125% of the official poverty level. For example, for two people, he will have to show an annual salary or savings of at least $24,650 on the account. If there are three relatives, then the income for the previous 12 months should not be less than $31,075. An amount of $37,500 is required for a family of four.
Registration stages
This form is downloaded from the USCIS website, filled out without errors in English, and uploaded for verification along with supporting documents. If working with a petition causes difficulties, it is better to seek help from a migration lawyer.
Passports, birth/marriage certificates, criminal record certificates, etc. They are translated into English, apostille is affixed, and attached to the petition.
After the I-130 petition is approved, the Citizenship and Immigration Service sends the case to the National Visa Application Center. The latter requests a completed DS-2601 form from a foreign relative, along with supporting documents. The American embassy then suggests a date for the visa interview.
The examination can be completed in one day at healthcare facilities approved by the US Immigration Service. The visa applicant takes his passport with him, calls the case number and visa category at the clinic. There he visits a therapist, takes an IGRA test and additional tests. In addition, it provides a vaccination card – a list of all preventive vaccinations with the date, dosage, and name of the drug. Medical documents are issued on the letterhead of the clinic, and the seal of the institution is affixed to them. The papers are sealed in an envelope, which cannot be opened by anyone except the visa officer.
The applicant arrives at the American Embassy on the chosen day and hour, along with a printed DS-2601 questionnaire and a package of documents. The visa officer talks to him for 2-5 minutes and informs him of the decision.
Applicants will learn about the approval or denial of entry to the United States immediately after the interview. The more carefully a person prepared for the conversation, the calmer he behaved, the higher his chances of obtaining an immigration visa.
What to do after visa approval
After making a positive decision, a foreign relative can enter the United States within the period indicated on the visa sticker in the passport. Before departure, a family member pays the USCIS (Immigrant Fee) fee for making a green card - $235 – and saves the receipt.
Upon arrival, the foreign relative adjusts the status from temporary to permanent resident. To do this, he fills out the I-485 questionnaire, pays the biometrics fee, and collects documents for himself and his sponsor. Then the foreigner goes for an interview to the nearest USCIS office and learns about the decision on his case. If it is positive, the applicant receives permanent resident status, and a green card is issued for him.
Possible problems
On the way to a green card issued on the basis of a family reunification petition, the sponsor and his relatives may face delays in processing documents, demands for additional evidence of the reality of the relationship, and a thorough check of the financial situation of the host party. In order not to delay the already slow process of moving to the United States for permanent residence and obtaining a visa on the first attempt, you must carefully fill out the forms, follow the instructions of the USCIS, and if possible, use the help of an immigration lawyer if you have doubts about your English language proficiency.
Since 2016, I have been helping people trace their genealogy, find necessary documents in archives worldwide, officially confirm their right to inheritance, or obtain a passport of another country through repatriation programs.
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