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Immigration FAQ's
- What documents will I need to file for family-based immigration for a relative?
- How are siblings defined by U.S. immigration law?
- As a U.S. citizen, may I apply for immigration on behalf of my brother or sister who is a foreign national?
- Can I apply for immigration for my foreign citizen sibling as a U.S. permanent resident?
- Who is eligible to be a beneficiary?
- What is an affidavit of support?
- My spouse and I have a child born in the U.S., but we are non-legal immigrants. Can our child file an immigration petition on our behalf?
- I have obtained permanent residency, can I file a petition on behalf of my parents for immigration visas?
- As a U.S. citizen living in a state that recognizes same-sex marriage, can I sponsor my foreign citizen fiancé(e) of the same-sex?
- Is a medical examination required to obtain an immigrant visa?
- What can be expected during the medical examination?
Q. What documents will I need to file for family-based immigration for a relative?
A. The documents you will need depend on the relationship between you as a sponsor and the person who is a beneficiary. In most cases, the following documents will be needed: birth certificate, certificate of naturalization, marriage license, divorce decree, and, if applicable, adoption papers. The sponsor will also have to provide verification of employment, such as W-2 forms and the latest federal income tax return. The beneficiary may need to provide a passport, visa or proof of lawful entry, photos, I-94 Form, and a medical examination report.
Q. How are siblings defined by U.S. immigration law?
A. A sibling relationship is based on whether the people in question have at least one of the same parents, were adopted by the appropriate age, or became stepchildren of the same parents before becoming 18 years old.
Q. As a U.S. citizen, may I apply for immigration on behalf of my brother or sister who is a foreign national?
A. Yes, you may file for the immigration of your sibling, as long as you are at least 21 years of age.
Q. Can I apply for immigration for my foreign citizen sibling as a U.S. permanent resident?
A. No, you are only eligible to apply for the immigration of your foreign national sibling if you are a U.S. citizen and at least 21 years old.
Q. Who is eligible to be a beneficiary?
A. A beneficiary can be an immediate relative of a U.S. citizen, such as a parent of a US citizen child over 21 years of age, a spouse, widow, or unmarried child younger than 21.
Q. What is an affidavit of support?
A. If you are filing a petition to bring a relative to the U.S. permanently, you must accept legal responsibility for supporting this family member financially by signing an affidavit of support.
Q. My spouse and I have a child born in the U.S., but we are non-legal immigrants. Can our child file an immigration petition on our behalf?
A. Your child is not eligible to petition on your behalf until he or she is 21 or older.
Q. I have obtained permanent residency, can I file a petition on behalf of my parents for immigration visas?
A. No, as a legally permanent resident, you may only petition on behalf of your spouse or unmarried children. You may only petition for your parents as a U.S. citizen.
Q. As a U.S. citizen living in a state that recognizes same-sex marriage, can I sponsor my foreign citizen fiancé(e) of the same-sex?
A. Yes, you may sponsor your fiancé(e) by filing a I-129F form. If he or she meets the immigration requirements, your fiancé(e) may be allowed to enter the U.S. for the purpose of marriage.
Q. Is a medical examination required to obtain an immigrant visa?
A. Yes, it is necessary for every applicant to undergo a medical examination with a doctor chosen by the consular office. The applicant will also be required to pay the examination fees in addition to other application costs.
Q. What can be expected during the medical examination?
A. Generally, the medical examination will require a review of your medical history, as well as a physical examination, blood tests for syphilis, and a chest X-ray. The blood tests and chest X-ray are not required for children under the age of 15.
