CALL NOW FOR HELP

lawpay

CALL NOW FOR HELP414-296-9105

Locally owned since 1993

5 Myths About Family-Based Visas in Wisconsin

Debunking The Common Myths

Other people and untrustworthy websites can spread misinformation. Understanding these 5 Wisconsin family-based visa myths. We’ll dispel Wisconsin family-based visa myths in this article. An skilled immigration attorney will help you navigate key facts.

No case is too hard for Miller & Miller Immigration Attorneys. Our 20 years of experience helping people with complex immigration challenges means you can trust us for all your immigration needs. Our lawyers are dedicated to giving back to the community and providing outstanding service. Schedule a free consultation today. Fix your immigration issues now!

Key Points:

  • Family immigration involves obtaining an immigrant visa (IV) through sponsorship by a U.S. citizen or Lawful Permanent Resident (LPR).
  • Two visa classifications exist: Immediate Relative and Family Preference, each with specific eligibility criteria and annual restrictions.
  • U.S. citizens can sponsor a broader range of relatives, including spouses, parents, siblings, and unmarried/married children.
  • LPRs have more limited sponsorship options, typically restricted to spouses and unmarried children.
  • The process involves submitting an I-130 Petition to USCIS, demonstrating the family relationship, and proving financial stability to prevent reliance on public welfare programs.

Myth Debunking:

  • Myth 1: Parents of U.S. citizen children do not automatically receive LPR status.

Specific criteria must be met, including a valid relationship, financial sponsorship, and adherence to standard status adjustment conditions.

  • Myth 2: Having any U.S. citizen relative entitles one to a Green Card.

The Immigration and Nationality Act (INA) specifies eligible categories for sponsorship, such as spouses, parents, and unmarried children under 21.

  • Myth 3: Constant availability of visas for Immediate Relatives.

Visa availability varies, and Family Preference categories may face waiting periods due to annual restrictions.

  • Myth 4: Entering the U.S. with a visa guarantees the right to adjust to permanent resident status.

Entry doesn’t guarantee status adjustment; scrutiny and approval are necessary, with exceptions under Section 245(i) of the Immigration and Nationality Act.

  • Myth 5: The process is quick and easy.

Dispelling the misconception that family-based visa applications have a quick and easy process, emphasizing the importance of realistic expectations.

What is Family Immigration?

Immigrant visas (IV) are required for permanent US residency. An IV application requires sponsorship from an immediate family member over 21 who is a U.S. citizen or Lawful Permanent Resident or LPR (meaning, a holder of a green card).

The are two classifications of family-based visas:

  • Immediate Relative – These visas are granted to those with a strong family connection to a US citizen, such as a partner, offspring, or progenitor. These groups can accept any number of immigrants annually.
  • Family Preference – These visas are for distant family ties with a U.S. citizen and some LPRs. The annual immigrant count in these groups is limited.

A United States citizen can file an immigrant visa on behalf of their: 

  • Son or daughter
  • Spouse
  • Brother or sister
  • Parent

On the other hand, a US Lawful Resident can only file visa for their: 

  • Unmarried son or daughter 
  • Spouse

Can I Bring A Family Member To The United States? 

Yes, you can. As a U.S. citizen or Lawful Permanent Resident (LPR), you can sponsor a family member for a green card. Temporary visa holders cannot sponsor family members for green cards. Depending on your US immigration status, only certain relatives can file family-based immigration petitions.

LPRs can sponsor their spouse and unmarried children. U.S. citizens can sponsor parents, spouses, siblings, fiancées, unmarried children, and married children.

Certain family links are prioritized in immigration laws. Thus, certain family members are free from green card waiting lines after U.S. Citizenship and Immigration Services (USCIS) approves their family-based immigration petition. As “immediate relatives,” U.S. citizens include spouses, unmarried children under 21, and parents over 21. Unfortunately, LPRs’ relatives are not immediate relatives under current legislation.

What Is The Process of Family-Sponsorship Visa?

Whether the sponsor is an LPR or a U.S. citizen and whichever relative benefits from the petition, the family-based petition process is the same. By submitting an I-130 Petition to USCIS, the sponsor must prove their family link with the beneficiary. Parents may submit birth certificates, while spouses may submit marriage certificates.

Importantly, the petition must show that the beneficiary will not be regarded a “public charge” in the US and won’t rely on public welfare programs. The sponsor must show proof of job or income. The beneficiary’s income and employment may also be assessed.

5 Myths About Family-Based Visas in Wisconsin

Here are the 5 myths about family-based visas in Wisconsin that you should know about:

MYTH 1: Parents of U.S. citizen children do not receive Lawful Permanent Resident (LPR) status automatically

A prevalent misconception is that having a US-citizen child grants lawful permanent residency. Applicants must have a valid relationship with a 21-year-old U.S. citizen child, provide birth certificates or adoption records, and ensure the child can financially support them. The parent must also have entered the U.S. legally and undergo a medical check to adjust status.

Parent and child must reveal criminal and immigration documentation, and USCIS may interview to verify relationship and eligibility. Following USCIS rules and getting legal assistance can improve your chances of approval.

MYTH 2: Being related to a U.S. citizen qualifies an individual for a Green Card

Some U.S. relatives cannot sponsor green cards for their relatives. The Immigration and Nationality Act (INA) allows spouses, parents, and unmarried children under 21 to be sponsored.

Classifications Of Green Cards:

  • Family-Sponsored Visas: U.S. citizens can sponsor family members for permanent immigration. Unmarried children under 21, spouses, and parents can get immediate relative visas. Family Preference visas cover siblings, married children of any age, and unmarried children over 21.
  • Family Preference: U.S. citizens can support family members in attaining permanent residency through Family Preference Visas, which cater to extended relationships beyond Immediate Relative visas. F1 is for U.S. citizens’ unmarried sons and daughters, F2 is for spouses, unmarried children (under 21), and unmarried sons and daughters (21 and above) of permanent residents, and F4 is for siblings. These visa categories have annual quotas, which may cause waiting periods.

MYTH 3: There is a constant availability of visas for Immediate Relatives

Spouses, parents, and unmarried children under 21 of U.S. citizens receive visa priority, but not all family members. Annual Family Preference limits delay visas for married offspring and siblings of U.S. citizens. Family-sponsored visas may be delayed due to the preference given to F1 visas for unmarried sons and daughters over F2 visas for spouses and unmarried children of permanent residents, with F4 visas for siblings being the least favored.

MYTH 4: Entering the U.S. with a visa guarantees the right to adjust to permanent resident status

Spouses, parents, and unmarried children under 21 of U.S. citizens receive visa priority, but not all family members. Annual Family Preference limits delay visas for married offspring and siblings of U.S. citizens. Family-sponsored visas may be delayed due to the preference given to F1 visas for unmarried sons and daughters over F2 visas for spouses and unmarried children of permanent residents, with F4 visas for siblings being the least favored.

MYTH 5: The Process is Quick and Easy

Wisconsin residents incorrectly believe family-based visa applications are quick and easy. However, dispelling this myth sets reasonable expectations for immigrants navigating the difficult immigration system.

Instead of being processed quickly, family-based visas take longer depending on numerous criteria. These may include visa category, sponsor-applicant connection, and immigration office caseload. By recognizing these elements, candidates can set realistic process duration expectations.

Call Our Experienced Immigration Attorney Now!

Always remember, accurate information is key to making informed decisions. Do not let yourself fall under the misconceptions surrounding family-based visas in Wisconsin. If you have questions or need assistance with your family-based visa application, consult with an experienced immigration attorney to ensure a successful and stress-free process. If you got injured or are dealing with insurmountable debt, our legal team is more than willing to assist you. Navigate the complicated immigration laws with our help now!

Miller & Miller Immigration2
Sidebar Form

Related Articles

Let our immigration attorneys help you!

Popup form

Reservar una cita

Appointment - Spanish

Book an Appointment

Appointment

Get Your Free Copy

[gravityform id="7" title="false" description="false" ajax="true"]