5 Things Most People Get Wrong About Family-Based Immigration to the U.S.

Family-based immigration is one of the most common ways people immigrate to the United States. Some come for a higher quality of life, and others to achieve the American Dream.

​U.S. citizens and lawful permanent residents can, through family-based immigration, sponsor certain family members for permanent residency in the country. Although the concept is simple, many people don’t have a clear understanding of how the process works.

​Common misconceptions about family-based immigration may lead people to have unrealistic expectations about the application process. Understanding the realities behind these misconceptions may help people navigate the family-based immigration system better.

​Here are five things most people get wrong about family-based immigration in the U.S.

​1. Many People Believe the Process Is Fast

​One of the most common misconceptions about family-based immigration is that the process is fast. This isn’t true. The process may take years or even decades for people immigrating to the U.S. through family-based immigration. That’s one reason to retain the services of a lawyer.

​An immigration lawyer will increase an applicant’s odds of achieving the outcome they want and avoid the sorts of mistakes that can delay the process.

​The U.S. immigration system has annual numerical limits for certain family immigration visas. Family members who are immediate relatives of U.S. citizens, such as spouses, unmarried children, and parents, are not subject to numerical limits and may have shorter waiting periods.

​However, people immigrating through family-based immigration may have to wait for long periods for their visas to be processed. Moreover, people immigrating from certain countries may have to wait even longer due to numerical limits for those countries. Applicants can get answers to any questions they might have from the lawyer representing them.

​2. Not All Family Members Can Be Sponsored

​Another common misconception about family-based immigration is that U.S. citizens or lawful permanent residents can sponsor any family member they choose. This isn’t true. Believing this misconception can lead to major disappointments.

​U.S. citizens can sponsor their spouses, children, parents, and siblings. For lawful permanent residents, the options are more restricted, and only spouses and unmarried children can be sponsored.

​3. Marriage Alone Doesn’t Automatically Grant a Green Card

​It’s commonly thought that marriage to a U.S. citizen is the quickest way of attaining permanent residency. Although marriage is a legitimate way of attaining a visa, it’s a procedure that is scrutinized by immigration authorities.

​The couple seeking a visa must show proof that the marriage is legitimate and not one entered into for immigration purposes. Immigration authorities scrutinize the couple’s documents, interview both parties, and investigate evidence of a legitimate marriage.

​4. Filing a Petition Doesn’t Guarantee Approval

​It’s also a popular notion, albeit a mistaken one, that once a U.S. citizen or lawful permanent resident files a petition for a family member, it’s a given that the family member will be approved. This is, however, a misconception, as it’s only the first step of a long procedure.

​Immigration officials will also review the petition and ensure that the relationship meets the requirements for immigration. After the petition has been approved, the applicant has to meet other requirements for eligibility. These include background checks and financial sponsorship requirements.

​The applicant must also show that they’re eligible for admission into the U.S. For instance, the applicant may have had immigration problems in the past or may have a criminal record. In other cases, the applicant may have health problems. Because of all these requirements and issues, approval is never a guarantee just because the petition has been filed.

​5. Immigration Paperwork Is More Complicated Than Many Expect

​Another misconception is that the paperwork for immigration is simple and requires little more than filling out a few forms. In reality, the paperwork and documentation required for immigration may include extensive documentation and supporting materials.

​Applicants may have to submit birth certificates, marriage certificates, financial information, identification documents, and other relevant materials. Considering all these complexities, many families turn to professionals to help them ensure that their applications are prepared properly.

​Understanding the Reality of Family-Based Immigration

​Family-based immigration is one of the most significant ways to reunite families. However, there are many rules and regulations that apply, which can be difficult to keep up with.

​Many misconceptions about family-based immigration exist, which have led to frustrating experiences for many families who believe that the process is much simpler than it actually is. Therefore, by learning about family-based immigration, many families can avoid any complications that may arise during the process.

​Planning for a Successful Application

​Many individuals who apply for family-based immigration benefit by hiring legal professionals — it can make a daunting process less stressful and boost the odds of success. They’ll also have lawyers in their corner who can lead the charge and dispel myths with facts.