Family Visas

The two main categories for family-based immigration include the immediate relative category and the family preference category, both of which have several categories within. The first category, immediate relatives, includes the following:

• Spouses of U.S. citizens

• Unmarried children of U.S. citizens under the age of 21, and

• Parents of U.S. citizens aged 21 years or older.

There is no limit on visas available to immediate relatives, so they do not need to get on a waiting list to receive an immigration visa.

Family preference categories, on the other hand, are somewhat more complicated and they are subject to annual limits. Visa availability for each category is dependent on the priority date, or the date the Form I-130 was filed. Preference categories include the following:

• First Preference: Adult (over age 21) sons and daughters of U.S. citizens who are unmarried

• Second Preference (2A): Spouses of lawful permanent residents and their unmarried children (under age 21)

• Second Preference (2B): Unmarried sons and daughters of lawful permanent residents

• Third Preference: Married sons and daughters of U.S. citizens (no age restrictions)

• Fourth Preference: Siblings of adult U.S. citizens

Unfortunately, you cannot directly petition for more distant relatives, such as grandparents, aunts, uncles, cousins, nieces, nephews, or in-laws. These relatives may, however, be eligible for other types of immigration. To find out about other types of immigration categories that are not family based, contact an experienced immigration attorney.

To petition for a family member, there are two main steps that must be taken. First, the U.S. citizen or lawful permanent resident sponsoring the foreign national relative must petition for them. Then, the relative must apply for lawful permanent resident status. Depending on whether the family member is already in the United States or outside the U.S, the process of filing for permanent residency will be different.

In order to petition for a relative, the petitioner must first file a Form I-130, Petition for Alien Relative and submit this form with all required documentation to the U.S. Citizenship and Immigration Services (USCIS). For relatives living inside the U.S., the relative may file for an adjustment of status at the same time or after filing the Form I-130. To do this, they will submit a Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS and submit all relevant documentation.

For relatives living outside the United States, the petitioner must file the Form I-130 to USCIS, and if the petition is approved and a visa number is available to the foreign national relative, the relative must then go through the steps of Consular Processing to apply for permanent resident status. This involves USCIS transferring their case to the National Visa Center (NVC) where the petitioner will provide additional information and documentation about the beneficiary along with any fees that are required. The NVC will then send the case to the U.S. embassy or consulate where the beneficiary is living and schedule an interview.