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Family Visas

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What Are Family Visas?

Family immigration is one of the most common ways people immigrate to the United States. Although family immigration has always been the primary manner in which people immigrated to the United States throughout its history, this was formally set out in 1965, when the Immigration and Nationality Act was created to give priority to relatives and children of U.S. citizens and lawful permanent residents to immigrate to the United States. It has since become a more organized process, helping countless immigrants obtain green cards in the U.S. If you are a U.S. citizen or lawful permanent resident with loved ones overseas, you may be able to help them obtain lawful permanent residency in the United States. There are several eligibility requirements and categories that family-based immigration petitioners should be aware of.

Family Based Immigration Categories

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 Visa Categoris

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

Who is Not Eligible for a Family Visa?

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.

How to Petition for a Family Visa

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.

Have Questions About Family Visas?

The purpose of the Form I-130 is to establish a relationship with the relative. Because of this, the petitioner should provide as much evidence as possible to establish this relationship. This includes providing their U.S. citizenship or lawful permanent residence status, evidence of a family relationship with the beneficiary, such as a marriage certificate or birth certificate, evidence of a bona fide marriage, if petitioning for a spouse, and any other evidence that may be applicable to establishing a relationship with the beneficiary. The petitioner should also provide evidence that they are able to financially sponsor the immigrant. Because the various categories of family-based immigration will require different types of evidence, this step can be confusing and convoluted. It is, therefore, highly advisable to contact an immigration lawyer who can help guide you in providing the correct evidence in petitioning for your family member.

For the immediate relative category, a visa should be available immediately after the petition is approved. Family preference categories, however, will be put on a waitlist to receive an immigrant visa number. Currently, there is a backlog for most categories, so the wait may be very long, or shorter depending on the category. Check the Visa Bulletin page on the U.S. Department of State’s webpage to find accurate information on visa availability.

If the relative has received a conditional green card (2-years), they may file to remove the conditions within the 90 days before the expiration of the green card. This situation applies to those individuals who were married for less than 2 years when the Form I-485 was approved. If the relative is granted a Permanent Resident Card, they may be eligible to apply for U.S. citizenship after 3-5 years of being a permanent resident.

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