The Biden administration is considering the restoration of a policy for the detention of migrant families crossing the border illegally.
White House and Department of Homeland Security officials have met on several occasions in recent days to discuss the possibility to reactivate this practice before the expiration date of Title 42, which is due in May. Besides, this is a time when the number of migrants crossing the border remains high. This is why it is vitally important that you know the ways you can bring your family legally and safely to the United States.
Don’t worry, at Jaskot Law, we’ll tell you about family immigration, and how you can help your loved ones enter the country legally and safely. Contact one of our immigration and family law attorneys at +1 (410)-235-6868, or email us by using [email protected].
What is family immigration?
There are several forms of family immigration to the United States. Depending on your immigration status, some of your family members may be eligible for immigration benefits.
Therefore, in order to help a family member enter the United States, you must be within the legal parameters of residency in the country, i.e., you must be:
- A U.S. citizen or permanent resident (holding a Green Card).
- A refugee admitted as such in the last 2 years, or asylee granted asylum in the last 2 years.
Remember also that it is always best to seek the assistance of an immigration and family attorney, who can guide you through your case, and make the most of your immigration status to reunite you with the ones you love.
Family immigration for citizens’ or permanent residents’ family members
As a U.S. citizen or permanent resident, you can apply for a Green Card, fiancé visa, K-3 visa, or K-4 visa for certain members of your family based on the relationship that they hold with you.
The purpose of this visa category is to reunify family members in the United States. In order to do this, you must file Form I-130 (Petition for Alien Relative), which demonstrates the relationship with the relative in question.
What documents do I need for family immigration as a permanent resident?
In order to claim a Green Card or permanent residency for a family member, you must follow the following steps:
- File Form I-130.
- Present proof that you are a Permanent Resident.
- Present documentation that proves the relationship with the relative in question (a birth certificate, marriage certificate, divorce certificate, etc.).
- Submit proof of any change in your or your beneficiary family member’s legal name.
Also note that, in some instances, Form I-130 may be filed in tandem with Form I-485 (Application to Register Permanent Residence or Adjust Status).
In general terms, although these are the documents to be presented as a citizen or permanent resident in the United States, you should take into account that the requirements may vary according to the degree of relationship with the beneficiary relative.
For example, if you are a citizen or permanent resident and want to bring your spouse, you could apply for one of the K-3 and/or K-4 nonimmigrant visas. However, these visas have their own specific requirements and documentation to be submitted.
Therefore, it is important that you seek the assistance of an immigration and family attorney to take the best legal action based on the needs of your case.
If you, or any of your loved ones, are having trouble being reunited with their relatives, at Jaskot Law, we can advise you on the matter. Call us at +1 (410)-235-6868, or email us by using [email protected].
Family immigration for refugees’ and asylees’ family members
If you have entered the United States as a refugee, or have been granted asylee status within the last 2 years, you may apply for certain family members to obtain the same derivative status.
However, please note that you may only apply for the entry of spouses and children under 21 years of age at the time of your first application for asylee or refugee status. There are also some eligibility criteria that you will need to meet in order to apply for your family member.
Eligibility criteria for requesting the entry of a family member as an asylee or refugee
As a petitioner, you must meet certain requirements to apply for refuge or asylum for a family member. These eligibility criteria are:
- You must be the principal refugee or asylee: you were granted refugee or asylee status directly, and did not obtain it through a family member.
- You must have entered the United States as a refugee or asylee within the last 2 years.
- You must remain in refugee or asylee status, and/or become a permanent resident (obtain a Green Card). Please note that if you have already naturalized as a U.S. citizen, you will not be able to apply for family members to obtain derivative refugee or asylee status.
- The family relationship must have existed prior to your removal to the United States as a refugee or asylee. For example, if you wish to file a petition for your spouse, you must have been married before entering the country as a refugee or asylee.
- The child had to be conceived (i.e., the mother was already pregnant), or born before entering the country as a refugee or asylee.
What documents do I need for family immigration as a refugee or asylee?
To bring a family member in asylee or refugee status, you must submit Form I-730 (Petition for Relatives of Refugees and Asylees). The form is free of charge, and will serve as proof of both your refugee or asylee status, and your family relationship with the beneficiary relative.
Conclusion
Faced with the growing possibility of restoring the same anti-immigration measures that separated thousands of migrant families during the Trump administration, knowing the legal ways to bring family members to the United States becomes crucial to avoid being separated from your loved ones.
Remember that the process depends on your immigration status in the country. Besides, for a legal and safe family immigration, you should consult with an immigration and family attorney to find an effective legal action according to the particularities of your case.
If you or a loved one is having trouble being reunited with their relatives, at Jaskot Law, we can help you. Call us at +1 (410)-235-6868, or email us by using [email protected], and get assistance from one of our immigration and family attorneys.
Sources
United States Citizenship and Immigration Services (USCIS).
CNN.
Frequently Asked Questions
What is family immigration?
Family immigration is a process by which a family member of a U.S. citizen, permanent resident, refugee, or asylee may apply for entry into the United States.
How can I help my family enter legally and safely to the United States?
In order to help a family member enter the United States, you must be within the legal parameters for residency in the country, i.e., you must be a U.S. citizen or permanent resident (holding a Green Card), a refugee admitted as such within the last 2 years, or an asylee who was granted asylum within the last 2 years. In addition, we recommend that you seek the assistance of an immigration and family attorney, who can guide you through your case, and make the most of your immigration status to reunite you with your loved ones.
How do I apply for a Green Card, fiancé visa, K-3 visa, or K-4 visa for family members based on their relationship with me?
As a U.S. citizen or permanent resident, you can apply for a Green Card, fiancé visa, K-3 visa, or K-4 visa for certain members of your family based on their relationship with you. To do so, you must file Form I-130 (Petition for Alien Relative), which demonstrates your relationship with the relative in question.
What documents do I need for family immigration as a permanent resident?
In order to claim a Green Card or permanent residency for a family member, you must take the following steps:
– File Form I-130.
– Present proof that you are a Permanent Resident.
– Present a document that proves your relationship to the family member in question (a birth certificate, marriage certificate, divorce certificate, etc.).
– Present proof of any legal name change for you or your beneficiary family member. In some instances, Form I-130 may be filed in tandem with Form I-485 (Application to Register Permanent Residence or Adjust Status). The requirements may vary according to the degree of your relationship with the beneficiary relative.
How can I apply for certain family members to obtain the same refugee or asylee status that I have?
If you have entered the United States as a refugee or have been granted asylum status within the last 2 years, you may apply for certain family members to obtain the same derivative status. However, please note that you may only request entry for spouses and children under 21 years of age at the time of your first application for asylee or refugee status. In addition, there are some eligibility criteria that you will need to meet in order to apply for your family members. As usual, we recommend that you seek the assistance of an experienced attorney.
Juan Berkowsky is a professional writer specialized in communications for social networks and digital media. His mission is to empower people through knowledge and access to information. He work with honesty and dedication to assist all those seeking to navigate the sometimes tough U.S. immigration process.
