Publication date: 07.08.2024
Introduction to the family reunification process
Family reunification is an important aspect of U.S. immigration policy. This process allows US citizens and permanent residents (green card holders) to bring their close relatives from Ukraine to the United States. To successfully complete all stages, it is important to understand the requirements and rules. A qualified legal analysis of the situation will help to avoid mistakes and speed up the process.
The main stages of the family reunification process:
- Determination of the category of family ties
- Submission of a petition
- Waiting for the petition to be approved
- Submitting a visa application
- Passing an interview at the embassy
Categories of relatives eligible for family reunification
U.S. immigration law defines different categories of relatives eligible for family reunification. Understanding these categories is key to determining the possibilities and timing of the process. A document analysis will help determine which category your relative belongs to.
The main categories of relatives for family reunification are:
- Spouses of U.S. citizens
- Unmarried children of U.S. citizens under the age of 21
- Parents of U.S. citizens (if the U.S. citizen is over 21 years of age)
- Spouses and unmarried children of permanent residents
- Brothers and sisters of U.S. citizens
Filing an I-130 petition
The first step in the family reunification process is to file an I-130 petition. This document confirms the existence of a family relationship between the applicant and the beneficiary. Filling out the form correctly and providing all the necessary documents is critical. Lawyer's consultation will help you avoid mistakes at this stage.
Question
What documents are required to file an I-130 petition?
Answer
The following documents are usually required to file an I-130 petition: a completed I-130 form, proof of citizenship or permanent resident status of the applicant, proof of kinship (marriage certificate, birth certificate), copies of passports, photographs of the applicant and the beneficiary.
Having the documents checked by a lawyer before submitting the petition can significantly increase the chances of a quick approval.
Waiting for the petition to be approved
After filing the I-130 petition, the waiting period begins. The processing time may vary depending on the category of family ties and the workload of the immigration service. During the waiting period, it is important to be prepared for possible requests for additional information. A legal analysis of the situation will help you prepare for possible scenarios.
Factors affecting the time for processing a petition:
- The category of family ties
- Country of origin of the beneficiary
- Completeness and correctness of the information provided
- General workload of the immigration service
Submitting a visa application
After the I-130 petition is approved, the next step is to apply for a visa. This process includes filling out the DS-260 form and providing additional documents. A legal opinion from a lawyer can be helpful in understanding all the nuances of this stage.
Key aspects of visa application:
- Filling out the online form DS-260
- Payment of the required fees
- Preparation of financial documents from the sponsor
- Collecting medical documents
- Preparing for the interview at the embassy
Passing the interview at the embassy
The embassy interview is an important step in the family reunification process. The consular officer assesses the veracity of the information provided and the applicant's compliance with the visa requirements. Preparation for the interview is critical. Written advice from an experienced lawyer can help you prepare for possible questions.
Question
How to prepare for an interview at the embassy?
Answer
To prepare for the interview, it is important to: carefully study all the documents provided, prepare answers to possible questions about family ties and plans in the United States, be prepared to provide additional evidence if necessary, and practice answering in English.
Financial requirements for the sponsor
The sponsor (a U.S. citizen or permanent resident) must prove his or her financial ability to support the invited relative. This is an important aspect of the family reunification process. A lawyer online can analyze documents and help prepare the necessary financial evidence.
Main financial requirements for a sponsor:
- Minimum income level (usually 125% of the federal poverty level)
- Stability of income
- Availability of assets (if necessary)
- Filling out the form I-864 (Affidavit of Support)
Medical requirements for immigrants
Medical examination is a mandatory part of the immigration process. The beneficiary must undergo a medical examination by a certified doctor and receive the necessary vaccinations. A legal opinion from a lawyer will help you understand all medical requirements and prepare for them.
Key aspects of medical requirements:
- Passing a medical examination by a certified doctor
- Testing for infectious diseases
- Obtaining the necessary vaccinations
- Preparation of medical history
Features of the process for different categories of relatives
The family reunification process may differ depending on the category of relatives. For example, for spouses of US citizens, the process is usually faster than for siblings. A legal analysis of the situation will help you understand the specifics of the process for a particular category.
Features for different categories:
- Spouses of US citizens: accelerated process
- Minor children: additional custody requirements
- Parents of U.S. citizens: sponsor age requirements
- Siblings: long waiting period
Possible reasons for rejection and ways to overcome them
Despite careful preparation, there is a risk of being denied a visa. Understanding the possible reasons for refusal will help you avoid problems. Consulting a lawyer may be useful to analyze the situation and develop a strategy to overcome the refusal.
Common reasons for refusal:
- Insufficient evidence of kinship
- Financial insolvency of the sponsor
- Criminal history of the applicant
- Violation of immigration laws in the past
- Medical problems
Visa validity and the need to enter the United States
After obtaining an immigrant visa, it is important to understand its validity and the need to enter the United States. A legal opinion of a lawyer will help you plan your next steps and avoid problems with your visa.
Question
What is the validity period of an immigrant visa?
Answer
An immigrant visa is usually valid for 6 months from the date of issuance. It is important to enter the United States before this period expires, otherwise you will need to obtain a visa again.
Adaptation after arrival in the United States
After successful entry into the United States, the process of adaptation begins. It is important to understand the rights and obligations of a new immigrant. A lawyer in Ukraine can provide advice on preparing for life in the United States and help with the necessary documents.
Key aspects of adaptation:
- Obtaining a social security number
- Search for housing and work
- Learning the English language
- Familiarization with the US legal system
- Integration into the local community
Opportunities for citizenship
After a certain period of living in the United States as a permanent resident, an immigrant may be eligible for citizenship. This process is called naturalization. Legal analysis of documents will help determine when and how to apply for citizenship.
Basic requirements for citizenship:
- Reside in the United States as a permanent resident for 5 years (3 years for spouses of U.S. citizens)
- Knowledge of the English language
- Knowledge of U.S. history and government
- Good moral character
Conclusion
The process of family reunification and bringing relatives from Ukraine to the United States can be complicated and time-consuming, but it opens up new opportunities for families. Each stage of the process requires care and proper paperwork. From submitting a petition to passing an interview at the embassy, each step has its own specifics and potential pitfalls. It is important to understand the financial and medical requirements, as well as to be prepared for possible delays or refusals. Professional legal assistance can greatly facilitate this process, help avoid mistakes and speed up family reunification. If you are planning to start the family reunification process or are already at one of its stages, we recommend that you contact the legal marketplace CONSULTANT. Our experienced lawyers in Kyiv and throughout Ukraine are ready to provide you with qualified assistance, conduct a legal analysis of your situation and accompany you at every stage of the family reunification process. With a CONSULTANT, you can make the process of bringing relatives from Ukraine to the United States more predictable and successful.
