Beste Visum für Angehörige Anwälte in Ihrer Nähe

1. About Visum für Angehörige Law

The term Visum für Angehörige translates to family-based immigration visas in many legal systems, and in the United States it refers to the process by which eligible relatives of U.S. citizens or lawful permanent residents may immigrate. This guide focuses on the U.S. framework, including the key statutes, regulations, and procedures that govern family-based immigration visas (often called family sponsorship or family-based immigrant visas).

At the core, a U.S. citizen or permanent resident petitions on behalf of a qualifying relative to obtain an immigrant visa. Once the petition is approved, the relative applies for an immigrant visa through a U.S. embassy or consulate abroad, or adjusts status if already in the United States. The process involves multiple steps, including petitions, eligibility determinations, interviews, and medical examinations.

Two common paths exist within this framework: immediate relatives without annual numerical limits (for example, spouses and unmarried minor children of U.S. citizens) and family preference categories with annual limits that create backlogs. Understanding the exact category and timing is crucial for planning and legal strategy.

Useful official resources include the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS). See the references for detailed rules, forms, and current processing times.

USCIS Family-Based Immigration overview and DOS Family-Based Immigrant Visas provide authoritative explanations and forms.

2. Why You May Need a Lawyer

Legal counsel can help you navigate complex eligibility rules, gather the right documents, and avoid common pitfalls that lead to delays or denials. Below are concrete scenarios where a lawyer is often essential.

• Spouse petition with prior marriages or complex history: A U S citizen or permanent resident seeks to sponsor a spouse who previously married, divorced, or has stepchildren. A lawyer helps ensure proper documentation and addresses potential misrepresentation concerns on the petition.
• Family member with a criminal record or immigration history: An attorney assesses admissibility, potential waivers, and discretionary factors, such as hardship to U S relatives and connection to rehabilitation efforts.
• A child aging out during processing: An attorney maps strategies to preserve eligibility for a qualifying child when the applicant approaches age 21, including timing considerations for filing and category choice.
• Requests for evidence or notice of interview readiness: When a case is delayed, a lawyer helps respond to government requests precisely and on time to avoid denial due to technical deficiencies.
• Crucial income or sponsorship concerns: An attorney helps prepare and submit the Affidavit of Support (I-864) with accurate income calculations and, if needed, human services waivers or asset documentation to meet support requirements.
• Public charge and medical examination challenges: A lawyer explains how public charge determinations work and helps prepare evidence to show financial self-sufficiency and proper medical testing compliance.

These scenarios illustrate that a lawyer’s guidance can reduce processing errors, improve strategy for timelines, and provide clarity on the potential need for waivers or discretionary decisions.

3. Local Laws Overview

The framework for family-based immigration in the United States rests on several key laws and regulations. Here are the main statutory and regulatory sources you should know, with their general impact and recent considerations.

• Immigration and Nationality Act (INA) - codified at 8 U.S.C. § 1101 et seq. and central to family-based immigration rules. The INA defines categories, eligibility, and the overall structure of immigration benefits. The Act has been amended several times since its 1952 enactment, including major changes in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Official summary and text can be found at uscode.house.gov.
• Section 203 of the INA; 8 U.S.C. § 1153 - governs family-based visa preferences and annual numerical limits for different family categories. This section helps determine wait times and visa availability in each category. See uscode.house.gov.
• 8 C.F.R. Part 204; Petitions for Alien Relatives - the Code of Federal Regulations detailing petition procedures, evidence standards, and interview requirements for relative petitions. The current text is available at ecfr.gov.
• Public Charge Rule (8 U.S.C. § 1182(a)(4)) and related guidance - governs whether an applicant would become primarily dependent on the government. Policies have changed over time, with recent updates and reversals affecting how sponsors document financial means. See USCIS Public Charge.

Recent trends include continued attention to processing backlogs in consular processing and adjustments in the public charge framework. For up-to-date guidance on timelines and requirements, consult USCIS and DOS resources listed below.

4. Frequently Asked Questions

What is a family based immigrant visa and who qualifies?

A family based immigrant visa allows certain relatives of U S citizens or permanent residents to immigrate. Qualifying relationships include spouses, unmarried children under 21, and certain other relatives depending on status. Official guidance explains category eligibility and how to start the petition process.

How do I start the process to bring a relative to the United States?

The typical starting point is a petition filed by a U S sponsor (usually a citizen or permanent resident) using Form I-130. Once approved, the case moves to consular processing or adjustment of status, depending on location and category.

What are the typical costs involved in a family based visa case?

Costs include filing fees for Form I-130, currently around 535 USD, plus immigrant visa application processing fees (DS-260) and potential affidavit of support processing fees. Medical examinations and document translation costs may apply. Fees can change; verify at USCIS and DOS before applying.

How long does the process usually take from petition to visa grant?

Processing times vary by category and backlogs. Petition approval times may range from several months to over a year, and visa interview wait times depend on the applicant's country of origin and category.

Do I need a lawyer to handle a family based visa case?

No legal requirement, but many applicants benefit from counsel to ensure proper documentation, respond to requests for evidence, and navigate waivers or appeals if needed.

Do I need to prove income or financial support?

Yes. The sponsor typically files an Affidavit of Support (I-864), showing sufficient income or assets to meet minimum thresholds. In some cases, a joint sponsor or asset documentation may be necessary.

What is the difference between immediate relatives and family preference visas?

Immediate relatives have no annual numerical limit, which generally reduces waiting times. Family preference visas have yearly caps, leading to backlogs and longer waits depending on category and country of origin.

Can a public charge determination affect my visa application?

Yes. The public charge evaluation assesses whether the applicant would rely on government assistance. Proper financial documentation and supplementary evidence can influence the outcome.

Where will I submit forms and attend interviews?

Petitions are filed with USCIS, while consular processing or adjustment interviews occur at U S embassies or in the United States, respectively. DOS and USCIS provide official interview notices and instructions.

How much time should I budget for medical exams and translations?

Medical exams typically occur after visa appointment scheduling and can take days to weeks depending on scheduling. Document translations should be completed early to avoid delays.

Is there a chance my case will be denied and what happens then?

Denials occur for reasons such as ineligibility or misrepresentation. If denied, you may appeal or refile in certain circumstances, often with new supporting evidence or waivers.

Do I need to attend an interview if my case is processed abroad?

Most applicants attend a visa interview at a U S embassy or consulate. Some cases may be processed administratively without an interview, depending on the country and category.

5. Additional Resources

Access official government resources for authoritative guidance and forms related to Visum für Angehörige in the United States:

• USCIS - Family - Official overview of family based immigration processes, required forms, and filing instructions. https://www.uscis.gov/family
• U S Department of State - Immigrant Visas - Procedures for consular processing, visa application steps, and interview guidance. https://travel.state.gov/content/visas/en/immigrate/family-based-immigration.html
• Visa Bulletin - Monthly updates on visa availability and category backlogs. https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

6. Next Steps

1. Identify the correct sponsor type and visa category for the relative, based on their relationship and status.
2. Gather essential documents early, including birth certificates, marriage certificates, passports, and evidence of the sponsor’s U S status and income.
3. Confirm the sponsor meets financial requirements and prepare the Affidavit of Support (I-864) with supporting tax returns and income data.
4. File Form I-130 with USCIS or assess eligibility for consular processing if the relative is abroad.
5. Monitor processing times and visa availability via USCIS and DOS resources; prepare for the interview and medical examination.
6. Prepare for potential requests for evidence and consider waivers if applicable; consult a lawyer if complex issues arise.
7. Schedule and attend the visa interview or adjust status as appropriate, and plan for travel once the visa is granted.