While unauthorized entries into the United States by foreign nationals get all of the headlines, many Americans are unaware of the regulations and procedures for families to immigrate according to law. Perhaps the most common avenue of legal migration is to enter the U.S. as a family, i.e. an individual with a spouse or engaged partner, any children under 21 and any minor siblings as well. There is a particular sequence of to the process of entry, permission to stay and work; residency; and, ultimately, citizenship.
Immigration issues fall under the jurisdiction of United States Citizen and Immigration Services (USCIS), an agency of the U.S. Department of Homeland Security (DHS). Immigration policy rests upon four values:
- Bringing skilled workers in to boost economic growth
- Re-uniting separated families
- Providing refuge to those suffering from political persecution
- Increasing diversity among the population
Securing a Petitioner
If there is a family member already residing legally in the U.S., that person can file a petition to bring relatives into the country. Otherwise, those wanting to enter must find a sponsor to represent them. If the petition is approved, the agency will then forward the applicant’s request to the U.S. State Department’s National Visa Center (NVC). Note. the petitioner must submit a separate request for each family member to come in.
Responding to the Document Request
The NVC will then contact the applicant with a request for documentation and associated fees. Because there is an annual cap on the number of visas issued in certain classifications, an approved application might not receive a visa number in due course. Waiting is not uncommon.
Confirming Financial Support
While the applicant is complying with documentation mandates, the petitioner or sponsor must also submit a form attesting to the capacity to provide financially for the immigrant(s) upon arrival. Here, too, corroborating paperwork is necessary.
Completing the Online Visa Application
The State Dept.’s Consular Electronic Application Center (CEAC) makes the online application accessible to those who have completed the steps outlined above. When the application is executed in its entirety, CEAC will transmit an electronic confirmation. Recipients should print this notification out for their records.
Submitting Civil Documents
This refers to legal verifications of each family member’s status with regard to the country from which they are emigrating. These include marriage licenses, birth certificates, adoption papers, military records and police records. Such certificates will vary by country. Moreover, they may not be in English so certified translations must accompany them. All supporting forms should be scanned and sent to CEAC through the application portal which provides buttons and icons for each document.
Before the Interview
NVC will send a communication notifying the applicant(s) of the interview date and time at the nearest American consulate. Applicants must make sure they have original copies of all the documents they had scanned, as well as current photos of each family member, to bring with them. Also, a medical examination is mandatory for each applicant.
Attending the Interview
This meeting convenes at the nearest U.S. Consulate or, in some cases, the American Embassy. Principal applicants; spouses; all children and dependents 14 years of age or over must attend this meeting. They must bring all original documents that were scanned, photos, active passports and the meeting confirmation. Originals are returned when the interview adjourns.
Approval or Denial
A decision is subsequently sent to the applicant with visa and passport. Denial letters will enumerate reasons.
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