Kentucky Immigration Law: The Process of Sponsoring a Family Member

Kentucky Immigration Law: The Process of Sponsoring a Family Member

Kentucky immigration law provides specific pathways for U.S. citizens and lawful permanent residents to sponsor family members looking to immigrate to the United States. Navigating the sponsorship process can be complex, but understanding the steps involved can simplify the journey for families. This article outlines the procedures for sponsoring a family member in Kentucky.

Eligibility Requirements for Sponsorship

Before initiating the sponsorship process, it's essential to ensure that you meet the eligibility criteria. In Kentucky, you can sponsor the following family members:

  • Spouse
  • Children (unmarried and under 21 years of age)
  • Parents (if you are at least 21 years old)
  • Siblings (if you are at least 21 years old)

U.S. citizens can sponsor a broader range of relatives than lawful permanent residents, who can primarily sponsor spouses and children.

The Sponsorship Process

The process of sponsoring a family member in Kentucky involves several critical steps, each requiring careful attention to detail.

Step 1: File Form I-130

The first step in the sponsorship process is to file Form I-130, Petition for Alien Relative. This form establishes the relationship between the sponsor and the family member. You will need to provide documentation such as:

  • Proof of U.S. citizenship or lawful permanent resident status
  • Documents verifying the familial relationship (e.g., marriage certificate for a spouse, birth certificate for children)

Once your Form I-130 is approved, it will be forwarded to the National Visa Center (NVC) for further processing.

Step 2: Pay the Visa Fees

After your I-130 petition is approved, you will need to pay the applicable visa fees through the NVC. The fees generally include an I-864 Affidavit of Support fee, which demonstrates your ability to financially support your relative once they arrive in the U.S.

Step 3: Complete Form DS-260

Your family member will need to complete Form DS-260, the Online Immigrant Visa Application. This form gathers detailed information about the applicant and is a crucial step in securing their visa.

Step 4: Attend the Visa Interview

Your relative will be required to attend a visa interview at the U.S. embassy or consulate in their home country. During this interview, a consular officer will assess the application and make a determination regarding the visa. It's essential that your family member come prepared with the necessary documentation, including:

  • Passport
  • Medical examination results
  • Affidavit of Support (Form I-864)

Step 5: Receive the Visa

If the interview is successful, your family member will receive an immigrant visa. They must enter the United States within the visa validity period to become a lawful permanent resident.

Post-Arrival Steps

After arriving in Kentucky, your family member should apply for a Green Card to become a lawful permanent resident officially. They may need to file Form I-485, Application to Register Permanent Residence or Adjust Status, if they entered the U.S. on a non-immigrant visa.

Conclusion

Sponsoring a family member under Kentucky immigration law can be a fulfilling process that reunites families. By understanding the steps outlined above and preparing thoroughly, you can help your loved one navigate the immigration process successfully. Always consider consulting with an immigration attorney to ensure that all forms and processes are completed correctly, as immigration laws can change and require expert knowledge.