Family-based immigration to the United States allows eligible foreign citizens to obtain permanent residency (Green Card) through their family members who are U.S. citizens or Lawful Permanent Residents (LPRs). This guide breaks down the different types of family-based immigrant visas, eligibility requirements, and application processes to help you navigate this complex system.
What is Family-Based Immigration?
Family-based immigration is a pathway for foreign nationals to obtain an immigrant visa (IV) and permanent residency through a close family relationship with a U.S. citizen or Lawful Permanent Resident. To qualify, the sponsor must be at least 21 years old and either a U.S. citizen or a Green Card holder.
Types of Family-Based Immigrant Visas
There are two main types of family-based immigrant visas:
Immediate Relative Visas – For close family members of U.S. citizens, such as spouses, unmarried children under 21, and parents. These visas are not subject to annual numerical limits.
Family Preference Visas – For more distant relatives of U.S. citizens and certain relatives of LPRs. These visas are limited in number each fiscal year, meaning there can be longer waiting periods.
Who Can Be a Sponsor?
U.S. Citizens can sponsor immediate relatives like spouses, children, parents, and siblings.
Lawful Permanent Residents (LPRs) can sponsor their spouses and unmarried children.
The process varies depending on whether the family member is inside or outside the U.S., and whether they are applying for adjustment of status or consular processing.
Immediate Relative Categories
Immediate relatives of U.S. citizens include:
Spouses
Unmarried children under 21
Parents (if the petitioner is at least 21 years old)
These individuals are not subject to annual visa limits, making this a faster route to a Green Card.
Family Preference Categories
The Family Preference system is divided into several categories, each with numerical limits:
F1: Unmarried sons and daughters of U.S. citizens (21 years of age or older)
F2A: Spouses and unmarried children (under 21) of LPRs
F2B: Unmarried sons and daughters of LPRs (21 years or older)
F3: Married sons and daughters of U.S. citizens
F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is at least 21 years old)
Additional Family-Based Immigration Categories
Fiancé(e) Visas (K-1): U.S. citizens can petition for their foreign fiancé(e) to obtain a K-1 nonimmigrant visa, allowing them to enter the U.S. and marry within 90 days.
Widow(er) of U.S. Citizen: Widows or widowers may apply for a Green Card if they were married to the U.S. citizen at the time of their death.
VAWA Self-Petitioners: Victims of domestic abuse by a U.S. citizen or LPR spouse, parent, or child can self-petition for a Green Card under the Violence Against Women Act (VAWA).
Eligibility Requirements for Family-Based Immigration
To ensure a successful application, each family-based visa category has specific eligibility criteria:
Immediate Relatives:
Spouse: Must be legally married to a U.S. citizen.
Unmarried Child: Must be under 21 years old and unmarried.
Parent: The U.S. citizen petitioner must be at least 21 years old.
Family Preference Immigrants:
F1: Unmarried sons and daughters of U.S. citizens (21 years or older).
F2A: Spouses and unmarried children of LPRs (under 21 years old).
F2B: Unmarried sons and daughters of LPRs (21 years or older).
F3: Married sons and daughters of U.S. citizens.
F4: Brothers and sisters of U.S. citizens (petitioner must be at least 21 years old).
Fiancé(e) of a U.S. Citizen: Both parties must intend to marry within 90 days of the fiancé(e) entering the U.S.
Widow(er) of a U.S. Citizen: Must have been married to the U.S. citizen at the time of their death and meet specific eligibility criteria.
VAWA Self-Petitioners: Must provide evidence of an abusive relationship and meet other eligibility criteria under VAWA.
Navigating the Family-Based Immigration Process
Family-based immigration involves several steps, including filing petitions, submitting evidence, and waiting for visa availability. It’s crucial to provide accurate documentation and adhere to deadlines to avoid delays or denials.
Because the immigration process can be complex, seeking guidance from experienced immigration attorneys can help you navigate the legal procedures and increase the likelihood of a successful outcome.
Need Help with Your Family-Based Immigration Case?
At Canero Fadul Reis Law, we specialize in family-based immigration and are dedicated to helping families reunite in the U.S. Our expert team can guide you through every step of the immigration process, ensuring your application meets all requirements and is submitted properly.
Whether you need assistance with an Immediate Relative petition, Family Preference visa, or any other immigration matter, we're here to help. We offer personalized legal services tailored to your unique situation, ensuring a smooth and efficient immigration process.
Contact Us Today for Expert Immigration Guidance
Ready to begin your immigration journey? Contact Canero Fadul Reis Law at (305) 579-9218 or email us at contactus@canerofadul.com to schedule your consultation. Our experienced immigration attorneys are here to assist you every step of the way.
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