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Immediate Relative vs. Family Preference : Which type visa is easier to get?
Once you successfully emigrate from your country of origin to the United States, it is only natural for you to want to bring others of your family to join you here.
The U.S. Department of State, Bureau of Consular Affairs, advises that you have two visa options: Family Preference and Immediate Relative. The question then becomes: Which type of visa can you more easily obtain? The answer depends on who you need to obtain the visa for.
Immediate Relative visas
Assuming you are a permanent U.S. resident, Immediate Relative visas are easier to obtain than Family Preference visas. The U.S. government issues an unlimited number of IR visas each year. The downside, however, is that you can only obtain this class of visas for your immediate family members. The following lists the five types of Immediate Relative visas and your family members to whom each applies:
What is a bona fide marriage?
One of the primary objectives of U.S. immigration law is to keep families together. Consequently, if you are a U.S. citizen and marry a person who lives elsewhere, you probably have a streamlined process for securing legal permanent residency for your spouse.
Even though the U.S. Citizenship and Immigration Services wants to reunify families, immigration officials also want to prevent immigration fraud. Therefore, you can expect a USCIS officer to determine whether you have a bona fide marriage before approving your immigration paperwork.
Your marriage is for the right reasons
Everyone has his or her own reasons for choosing to walk down the aisle. To comply with U.S. immigration law, however, your marriage must not be for the purpose of securing immigration benefits. Therefore, you should provide evidence that shows your marriage has love and commitment as its foundation.
You have the right documentation
USCIS officers review thousands of immigrant visa petitions every single year. Consequently, you can make the officer’s review easier by providing the right documentation. According to the USCIS, in addition to a copy of your marriage certificate, you also may want to include the following items with your filing:
Can your fiancé find work in the country?
Starting over anew in a different country is often enough to rattle even the strongest of people. However, getting started on the right foot can help build a strong foundation that can make the transition easier to bear.
With the right authorization, it is possible for your fiancé to gain the ability to work, which is one step toward making the process of transitioning smooth.
Work authorization approval
The U.S. Citizenship and Immigration Services take a look at how fiancé visas work in the country. They note that after your fiancé arrives in the country, they can apply for work authorization with form I-765. If approved, this privilege lasts for 90 days. If your fiancé applies for a green card at the same time, the privilege lasts for one year instead.
In order to work each year, your fiancé will still need to refresh their approval, renewing the authorization to work any time it expires.
What is the extreme hardship waiver?
An immigration waiver can help you to get a visa for yourself or a loved one in circumstances where you may otherwise be unable to. Getting a waiver is not an easy process, but if you meet the requirements and can provide all required information and documentation, it can be a blessing.
The U.S. Citizenship and Immigration Services explains one wavier option is for extreme hardship.
The waiver
The extreme hardship waiver is available in situations where the refusal of a visa to a person would cause serious problems for a family member who is a citizen or lawful legal resident. Extreme hardship can mean different things depending on your situation. For example, if the reason you need a waiver is more serious, then the hardship your family is facing must be more serious.
The authority
The Secretary of Homeland Security has the right to issue extreme hardship waivers.
Texas sheriff investigated for illegal money seizure
Immigrants face many challenges as they work to settle and build a life in Texas and the rest of the United States. These challenges are often exacerbated when the immigrants are undocumented and local law enforcement officials are not playing by the rules.
According to CNN, the Real County sheriff in Texas is being investigated for stealing money during traffics tops from undocumented immigrants. Although no charges were filed, the attorney general’s office and the Texas Rangers executed search warrants in the small county located close to 90 miles away from the United States and Mexico border.
Immigration disagreements often fuel allegations
Local government officials have often sparred and disagreed with the current presidential administration over issues such as immigration. In Texas, property and money can be seized during a stop if there is clear evidence that links it to some type of criminal activity. The allegations leveled against the sheriff suggest that he seized money that was not involved in any specific crime.
Which travel documents do you need?
You may need to travel to another country as an immigrant or while you await the processing of your application. In this case, you must ensure you have the necessary travel documents to legally return to this country.
In general, there are four documents travelers need, including advance parole, refugee travel document, re-entry permit, and carrier documentation. It is important to get these documents organized before your trip, as it can prevent any delays when or issues when re-entering the country.
Advance parole
Advance parole documents take the place of a visa, as airlines will accept them when it comes to re-entry into the U.S. However, you will also need to have a passport. Advance parole doanother re-entry documentcuments are necessary for people with pending applications when registering as a permanent resident or awaiting adjustment of status. It is also required for asylum seekers to await a decision on their applications.
House passes Build Back Better act with immigration reform
In December, the House passed a version of the Build Back Better act that reforms family-based immigration waivers. The act will now go to the Senate for final approval.
Learn how Build Back Better could improve the waiver process for your family if it becomes law.
New adjustment of status requirements
Under the new law, family-based applications for adjustment of status could apply right away. You must pay a fee of $1,500 along with $250 for each additional dependent. Currently, you must wait for a visa to become available in your category before applying for an adjustment of status.
New waiver program
The House-approved version of Build Back Better also includes a new waiver program. It would waive numerical visa limits for those who have already applied for an adjustment of status and have an assigned priority date at least two years before the waiver application date. The supplemental fee for the new waiver is $2,500.
Your green card and your career
Wanting to gain U.S. citizenship can motivate you to get a job and learn more about your new home. Having a green card can facilitate your effort to pass the naturalization requirements.
The advantage of having a green card is that you do not have to wait until you have citizenship to start working in the United States.
Participate in your community
The process of obtaining a green card is easiest when you have another family member who already has U.S. citizenship. With their help, you can petition for legal residency of your own. Once granted, you can apply for your own social security card, as well as follow the requirements to get a driver’s license. Both of these privileges allow you to actively participate in your community.
Finding a job can give you purpose and keep you motivated as you continue through the naturalization process. You can utilize community resources to draft a resume. Strategically list your skills and competencies. Using job search engines, as well as networking with other community members, may enable you to identify potential jobs.
What are joint sponsors?
If you opt for a K-1 fiancé visa, then one of the most important parts is the ability to meet the corresponding income requirement. The sponsor – in this case, the fiancé – must have the financial means to support their spouse.
If you cannot support your significant other in this case, what can you do? You can turn to a joint sponsor. This person is a third party that agrees to sign an affidavit, stating they will support the sponsor.
What is joint sponsorship?
RapidVisa discusses your options when aiming for joint sponsorship, along with discussing what goal this option serves. You can pick certain people to serve as your joint sponsor, but they must meet certain requirements first. They must be at least 18 years old and either have permanent residency or be a citizen of the United States. On top of that, they need a domicile in the country and also meet the minimum income requirements of the K-1 visa.
How long does it take to get a green card?
For those who are not born in the United States, obtaining permanent residence may seem overwhelming. Whether you have a close family member who has already achieved permanent residence, or your family member is a U.S. citizen, there are steps you must follow in order to complete the immigration process.
Not only is it helpful to understand these steps and the green card application process, it helps to know just how long the entire process will take.
What is the timeline?
The process of achieving a family-based green card varies depending on the circumstances of your situation. According to Boundless, the following are general timelines for more common situations:
- You currently live in the United States and your spouse is a U.S. citizen: 10-13 months
- You currently live outside the U.S. and your spouse is a U.S. citizen: 11-17 months
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Results listed are not a guarantee or indication of future case results.
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