What are the rules governing family reunification?
Family reunification, or family-based immigration, is a system of immigration law that allows family members living outside of the United States to join close relatives already living inside the country. In Washington, the Department of State, U.S. Citizenship and Immigration Services (USCIS), and the Department of Homeland Security (DHS) all share responsibility for family reunification. Under the USCIS, immediate relatives of a U.S. citizen can apply for visas, usually without a waiting period. Immediate relatives are defined as parents of U.S. citizens, spouses of U.S. citizens, or unmarried children under 21 years of age of a U.S. citizen. Foreign-born children of a U.S. citizen, regardless of how old they are, may also be eligible to receive a visa if the parent is a U.S. citizen and has legal custody of the child. In addition to immediate relatives, a foreign national can also apply for a visa to bring a family member in the U.S. who is more distantly related. For example, siblings, uncles, aunts, and grandparents may all be eligible for a visa if they can show that the foreign national applicant has a “legitimate” relationship to the family member in the United States. To apply for any kind of family reunification visa, the applicant must provide immigration authorities with evidence that they have an established, ongoing relationship with the foreign national. This could include birth or marriage certificates, proof of financial support, and documentation that the family members have visited each other in the past. It is important to note that visa availability and eligibility can vary depending on the applicant’s country of origin.
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