Family-Based Visa's

Understanding Family-Based Immigration

Family-based immigration offers a pathway for individuals to become permanent residents of the United States through relationships with family members who are either US permanent residents or US citizens.

To initiate the process, an immigration petition for a family member, known as the “Beneficiary,” can be filed with the United States Citizenship and Immigration Services (USCIS) by a “Sponsor.” The Sponsor can be either a US citizen or a legal permanent resident.

US citizens can petition for the following family members:

  • Spouse
  • Child under the age of 21 (provided the marriage occurred before the child’s 18th birthday)
  • Parent (if the son/daughter is over 21 years of age)
  • Son or daughter over the age of 21
  • Brother or sister.

Permanent residents can petition for the following family members:

  • Spouse
  • Unmarried children
  • Spouse’s unmarried children under the age of 21

TYPES OF FAMILY-BASED IMMIGRANT VISAS

There are two main types of family-based immigrant visas in the US:

  • Immediate Relative Visa: This visa category is for close family members of US citizens, including spouses, children under 21, and parents. There is no annual limit for immediate relative visas.
  • Family Preference Visa: This category is for more distant relatives of US citizens and lawful permanent residents. It includes specified relationships with a lawful permanent resident. The number of visas available in this category is limited per fiscal year.

FAMILY PREFERENCE CATEGORIES

Family preference categories encompass family and relative relationships beyond immediate relatives, allowing US citizens and lawful permanent residents to petition for family immigration. These categories are as follows:

·         F1, First preference category: Unmarried sons and daughters (21+ years of age) of US citizens

·         F2A, Second preference category: Spouses and children (unmarried and under 21 years of age) of lawful permanent residents

·         F2B, Second preference category: Unmarried sons and daughters (21+ years of age) of lawful permanent residents

·         F3, Third preference category: Married children of US citizens

·         F4, fourth preference category: Brothers and sisters of US citizens (if the US citizen is 21 years of age or older)

The preference category you fall under determines the waiting time until an immigrant visa becomes available. For more detailed information regarding this matter, please reach out to our knowledgeable attorneys at Dalbir Singh and Associates.

Important Things You Should Know

QUESTIONS & ANSWERS

A family-based visa allows a U.S. citizen or lawful permanent resident (LPR) to bring certain family members to the United States as immigrants.

Yes, family-based visas are divided into immediate relative visas and family preference visas. Immediate relative visas have no annual cap, while family preference visas have limited numbers available each year.

At Bali Law, we prioritize client confidentiality. All interactions, documents, and discussions are held in the strictest confidence, ensuring your information is protected and secure.

The priority date is the date when the visa petition was filed. The visa bulletin is a monthly publication that provides the latest priority dates that are being processed. If your priority date is before the date listed in the visa bulletin, you can move forward with the immigration process.

U.S. citizens can sponsor their spouse, children (married or unmarried, and regardless of age), parents (if the citizen is 21 years of age or older), and siblings. Lawful Permanent Residents (LPR) can sponsor their spouse and unmarried children.

The processing time varies depending on the type of relationship, country of origin, and specific visa category. Immediate relative visas generally have shorter waiting times than family preference visas.

Yes, the U.S. sponsor must demonstrate they have sufficient income or assets to support their intending immigrant relative. This is often done using the Affidavit of Support (Form I-864).

Depending on your status and the relationship, you may be able to file separate petitions for family members who were not originally included.

Ask Us Anything, Anytime.

Navigating the intricacies of immigration can be overwhelming. But we're here to help. Whether you have a simple query or a complex concern, we are happy to help!

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