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 visas benefit from quicker processing and do not have numerical limitations. This preference category is ideal for close family members and promotes rapid reunification.

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 begins with sponsoring a family member (petitioner) in the U.S. and filing a petition on behalf of the intending immigrant relative (beneficiary) with U.S. Citizenship and Immigration Services (USCIS). The petitioner must establish the qualifying relationship and adhere to specific requirements for each 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:

Sponsors must demonstrate their ability to financially support the intending immigrants by submitting an Affidavit of Support (Form I-864) to ensure the beneficiary will not become a public charge.

7. Conditional Permanent Residency:

If the beneficiary is married to the sponsoring U.S. citizen or Green Card holder for less than two years at the time of obtaining permanent residency, they receive conditional permanent residency and must jointly petition to remove the conditions after two years.

8. Fiancé(e) Visa (K-1):

U.S. citizens can also petition for their foreign fiancé(e)’s to enter the U.S. to get married within 90 days. After marriage, the foreign spouse can apply for adjustment of status to become a permanent resident.

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 visas allow the spouses and minor children of U.S. Lawful Permanent Residents (LPR) to live and work in the U.S. while they wait for their immigrant visa petitions to be processed. Family-based immigration is an essential component of U.S. immigration policy, promoting family reunification and the establishment of stable family units in the country. It’s important to note that immigration laws and policies can change over time, affecting eligibility criteria and processing times and we actively advise Our Clients to navigate the family immigration process.