Family immigration matters require careful review of the qualifying relationship, immigration history, admissibility, documentation and whether adjustment of status or consular processing is appropriate.
Family-based immigration in the United States allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members for immigration and eventual permanent residency. Family-based immigration to the U.S. is divided into two categories:
1. Immediate Relative Visas:
These visas are reserved for the immediate family members of U.S. citizens. They include:
Spouses of U.S. citizens.
Unmarried children under 21 of U.S. citizens.
Parents of U.S. citizens, if the sponsoring citizen is at least 21 years old.
Immediate-relative immigrant visas are not subject to the annual numerical limits that apply to family-preference categories. Processing time nevertheless depends on the petition, admissibility, documentation, agency workload and the applicable consular or adjustment process.
2. Family Preference Categories:
For other close relatives of U.S. citizens and certain relatives of Green Card holders, there are family preference categories:
F1: Unmarried adult children of U.S. citizens.
F2A: Spouses and unmarried children (under 21) of Green Card holders.
F2B: Unmarried adult children (21 and over) of Green Card holders.
F3: Married adult children of U.S. citizens.
F4: Siblings of adult U.S. citizens.
Family preference categories are subject to annual quotas, which can lead to waiting periods, especially for certain relatives in high-demand categories.
3. Petition Filing Process:
The family-based immigration process generally begins with a qualifying U.S. citizen or lawful permanent resident petitioner filing the appropriate petition for an eligible relative. The petitioner must establish the qualifying relationship and satisfy the requirements of the relevant category.
4. Visa Bulletin and Priority Dates:
Family preference categories have numerical limitations, and the Visa Bulletin published monthly by the U.S. Department of State indicates visa availability based on priority dates (the date when the petition was filed).
5. Consular Processing or Adjustment of Status:
Depending on the beneficiary’s location and immigration status, they may go through consular processing at a U.S. embassy or consulate abroad or adjust their status to permanent residency within the U.S.
6. Affidavit of Support:
Where required, a qualifying sponsor must submit Form I-864, Affidavit of Support, and satisfy the applicable financial-sponsorship requirements.
7. Conditional Permanent Residency:
If permanent residence is granted on the basis of a qualifying marriage that is less than two years old at the time residence is obtained, the beneficiary generally receives two-year conditional permanent residence. Form I-751 is ordinarily filed during the 90-day period before the second anniversary of conditional residence, subject to statutory exceptions and waiver provisions.
8. Fiancé(e) Visa (K-1):
A U.S. citizen may petition for a qualifying foreign fiancé(e) for K-1 classification. The marriage to the U.S. citizen petitioner must occur within 90 days after admission, after which the foreign spouse may seek adjustment of status if otherwise eligible.
9. Widows/Widowers of U.S. Citizens:
Certain surviving spouses of U.S. citizens who passed away may be eligible for special immigration benefits.
10. V Visas:
V nonimmigrant status is available only in narrow legacy circumstances tied to qualifying petitions filed on or before December 21, 2000; it is not a generally available option for current lawful-permanent-resident family petitions. Immigration law, visa availability and agency procedures can change, so eligibility and timing should be evaluated using current law and the facts of the particular case.