Immigrating to the United States to reunite with family members is a common goal for many foreign nationals. However, navigating the USA family visa requirements can be complex and confusing.
This guide will provide an overview of the family-based immigration process and the most common visa options to bring your loved ones to America.
Overview of Family-Based Immigration to the U.S.
U.S. immigration law provides several options for U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members to immigrate to the United States. This is known as family-based immigration.
There are two main categories under family-based immigration:
Immediate Relatives
Immediate relatives include spouses, unmarried children under 21 years old, and parents of adult U.S. citizens. There is no numerical limit on the number of immediate relative visas issued each year.
Family Preference Categories
Family preference categories include adult children of U.S. citizens, siblings of adult U.S. citizens, and spouses and unmarried children of lawful permanent residents. There are annual numerical limits on visas available under the family preference categories.
The family relationship and the immigration status of the sponsoring relative determine which visa category you may apply for. The sponsor (U.S. citizen or green card holder) starts the process by filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This is called the visa petition.
If approved, the case will be forwarded to the National Visa Center (NVC) and then to the appropriate U.S. consulate abroad for visa processing. Family members must meet all eligibility criteria under U.S. immigration law to qualify for an immigrant visa.
Let’s take a closer look at some of the most common family-based visa options.
Spousal Visa – For Spouses of U.S. Citizens
U.S. citizens may sponsor their foreign spouse for an immigrant visa under the immediate relative category. There is no waiting period for a spousal visa number to become available.
To apply, the U.S. citizen spouse files Form I-130 to establish the relationship. The spouse must prove the legitimacy of the marriage. Once USCIS approves the petition, it will be forwarded to the NVC and then the embassy or consulate abroad for consular processing.
Spouses of U.S. citizens have two options when applying for a green card:
- Consular processing – The foreign spouse attends the visa interview abroad. If approved, they will receive an immigrant visa to enter the U.S. as a lawful permanent resident.
- Adjustment of status – The foreign spouse applies for their green card from within the U.S., avoiding consular processing abroad. This requires entering the U.S. legally, such as on a K-1 fiancé(e) visa.
Parent Visa – For Parents of Adult U.S. Citizens
U.S. citizens (21 years or older) may sponsor their parents for U.S. lawful permanent residence under the immediate relative category. Like spouses, there is no waiting period for a visa number.
The sponsoring U.S. citizen child must file Form I-130 to establish the relationship. Once USCIS approves the petition, the case will be forwarded to the NVC and then to the embassy or consulate for consular immigrant visa processing.
Parents must meet all eligibility criteria and attend the visa interview abroad. If approved, they will receive an immigrant visa to enter the U.S. as a permanent resident.
Fiancé(e) Visa – For Foreign Fiancé(e)s of U.S. Citizens
U.S. citizens who wish to bring their foreign fiancé(e) to the United States to get married may file for a K-1 nonimmigrant fiancé(e) visa. This allows the foreign fiancé(e) to enter the U.S. for a limited period to get married.
To qualify, the U.S. citizen petitioner must file Form I-129F to establish they are legally free to marry the beneficiary and have met in person within the past two years. After USCIS approves the K-1 petition, the case will be sent to the NVC and then the U.S. embassy or consulate for the K-1 visa interview.
Once issued, the K-1 visa allows a single entry to the U.S. within 6 months. After entering the country, the marriage must take place within ninety days. The foreign spouse may apply for an adjustment of status after marriage in order to obtain a green card.
Sibling Visa – For Brothers and Sisters of Adult U.S. Citizens
U.S. citizens may sponsor their siblings (brothers and sisters) for immigration to the U.S. However, siblings fall under the family preference category, which is subject to annual numerical limits. Siblings of U.S. citizens are considered 4th preference.
The U.S. citizen sibling must file Form I-130 to start the process. Due to yearly visa quotas, there is often a long waiting period before a visa number becomes available. Once the priority date is current, the National Visa Center will schedule visa interviews.
Sibling green card applicants must process their immigrant visa at the U.S. embassy or consulate abroad. If approved, they will be issued an immigrant visa to enter the U.S. as a permanent resident.
Married Children of U.S. Citizens and Permanent Residents
U.S. citizens and lawful permanent residents may sponsor their married sons and daughters. However, they fall under the family preference categories and must wait for a visa number to become available.
- Married children of U.S. citizens are considered 3rd preference.
- Married children of green card holders are considered 2nd preference.
The U.S. citizen or green card holder’s parent starts by filing Form I-130. Then, the applicant must wait until their priority date is current per the visa bulletin before completing consular processing.
Step-by-Step Process for Family-Based Green Card
If you wish to sponsor your family member for permanent U.S. residence, they must qualify under one of the family preference categories. Here are the key steps involved:
1. Determine Eligibility
First, determine if your relative is eligible to immigrate as your immediate family or under family preference categories based on your citizenship or permanent resident status.
Immediate family members include spouses, unmarried children under 21 years, and parents if you are a U.S. citizen. Family preference categories include unmarried adult children over 21, married children, and siblings.
2. File Form I-130 Petition
As a U.S. citizen or green card holder, you must file Form I-130 with USCIS to establish your relationship with your relative. This is known as sponsoring them.
Provide proof like marriage/birth certificates. USCIS will review and approve the I-130, confirming your relationship.
3. Wait for the Priority Date
Once approved, your relative is allotted a priority date, which determines when they can apply for a green card. This is based on annual visa limits per category.
Check the visa bulletin issued by the U.S. Department of State to see when your priority date is current.
4. Submit Visa Application
When the priority date is current, your relative must complete Form DS-260 and submit their visa application to the National Visa Center. Required documents are also submitted.
5. Attend Interview
Your relative will be scheduled for a green card interview at the U.S. embassy/consulate in their home country. They must attend and provide any additional requested documentation.
6. Get Green Card
If approved after the interview, your relative will be issued an immigrant visa packet. Upon entering the U.S., they will be granted lawful permanent resident status (green card).
The whole process can take anywhere from several months to several years, depending on visa backlogs. Hiring an experienced immigration attorney can help expedite and streamline the process.
Contact the Law Office of Lina Baroudi for Guidance on Your Family Visa Case
Going through the family visa application process on your own can be challenging and lead to costly mistakes. The experienced immigration attorneys at the Law Office Of Lina Baroudi have helped hundreds of clients successfully obtain visas to reunite with family members in the United States.
Their legal team stays up-to-date on the latest laws, policies, and procedures to ensure your case is handled properly from start to finish. They work quickly to get your petition approved so you can be reunited with loved ones as soon as possible.
Don’t leave your family immigration case to chance. Contact the Law Office of Lina Baroudi today to schedule your consultation.
