How to File for Family-Based Immigration in Indiana
Filing for family-based immigration in Indiana involves a series of steps that allow U.S. citizens and lawful permanent residents to bring their relatives to live permanently in the United States. Understanding the process and requirements is crucial for a smooth application. Below, you will find a detailed guide on how to navigate family-based immigration in Indiana.
1. Determine Eligibility
Family-based immigration is divided into two main categories: immediate relatives and family preference categories. Immediate relatives include spouses, unmarried children (under 21), and parents of U.S. citizens, who have no annual limit on the number of applications. Family preference categories include other family members like siblings and married children, which do have annual caps. Identify your relationship to the individual you wish to sponsor to determine the appropriate category.
2. Complete Form I-130
The first step in the family-based immigration process is to file Form I-130, Petition for Alien Relative. This form establishes the existence of a valid family relationship. Ensure that you complete the form accurately and include all required supporting documents such as birth certificates, marriage certificates, and proof of U.S. citizenship or lawful permanent resident status.
3. Pay the Filing Fee
When submitting Form I-130, you must also pay the filing fee, which can change, so be sure to check the U.S. Citizenship and Immigration Services (USCIS) website for the most current fee amount. You can pay online or include a check or money order with your application.
4. Submit the Petition
Once you have completed Form I-130 and gathered the necessary documents, submit your application to the correct USCIS address. It’s essential to ensure all documents are organized and that you keep copies for your records.
5. Wait for USCIS Processing
The processing time for Form I-130 can vary. You can check current processing times on the USCIS website. During this time, USCIS may request additional information or documentation, so it is crucial to respond promptly to any requests. Remember to keep your contact information updated in case USCIS needs to reach you.
6. National Visa Center (NVC) Processing
If your I-130 petition is approved and you are in a family preference category, your application will be forwarded to the National Visa Center. The NVC will contact you with instructions on how to proceed with the visa application process, including the submission of Form DS-260, Immigrant Visa and Alien Registration Application.
7. Affidavit of Support
As a sponsor, you must also file Form I-864, Affidavit of Support, which demonstrates that you can financially support your relative once they are in the United States. Ensure your income meets the required threshold, which is typically 125% of the federal poverty guidelines based on household size.
8. Attend the Visa Interview
Once all forms and documents are submitted and processed, the NVC will schedule a visa interview for your relative at the U.S. embassy or consulate in their home country. Prepare them for potential questions about their relationship with you and their intentions in the U.S. at the interview.
9. Adjusting Status (If Applicable)
If your relative is already in the U.S. and eligible for adjustment of status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows them to become a lawful permanent resident without leaving the country.
10. Receive the Green Card
If approved for a visa or adjustment of status, your relative will receive their green card, allowing them to live and work in the United States. It’s vital to understand the responsibilities and rights that come with permanent residency.
Filing for family-based immigration in Indiana can appear overwhelming, but by carefully following each step and ensuring that all forms are filed accurately, you can streamline the process. For additional assistance, consider consulting with an immigration attorney who can provide personalized guidance based on your specific situation.