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UNITED STATE FAMILY VISAS

Family visas in the United States are designed to allow U.S. citizens and lawful permanent residents (green card holders) to bring their family members to live in the U.S. These visas are categorized into two main types: immigrant visas for immediate relatives and family preference visas.

  1. Immediate Relative Visas

Immediate relative visas are available for close family members of U.S. citizens. This category is not subject to annual caps, meaning there is no limit on the number of visas issued each year. The following relationships qualify for immediate relative status:

  • Spouses of U.S. Citizens: A U.S. citizen can sponsor their spouse for a green card.
  • Unmarried Children Under 21: A U.S. citizen can sponsor their biological or adopted children who are under 21 years old.
  • Parents of U.S. Citizens: A U.S. citizen who is at least 21 years old can sponsor their parents.
  • To apply for an immediate relative visa, the sponsoring citizen must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Once approved, the relative can apply for an immigrant visa through consular processing if they are outside the U.S., or adjust their status if they are already in the country.
  1. Family Preference Visas

Family preference visas are available for more distant relatives of U.S. citizens and some relatives of lawful permanent residents. These categories have annual limits on the number of visas issued, leading to longer wait times depending on the relationship and country of origin.

The family preference categories include:

  • First Preference (F1): Unmarried sons and daughters (21 years or older) of U.S. citizens.
  • Second Preference (F2A): Spouses and children (unmarried and under 21) of lawful permanent residents.
  • Second Preference (F2B): Unmarried sons and daughters (21 years or older) of lawful permanent residents.
  • Third Preference (F3): Married sons and daughters of U.S. citizens.
  • Fourth Preference (F4): Brothers and sisters of U.S. citizens.
  • Similar to immediate relative visas, applicants must file Form I-130 to initiate the process, but they will also need to wait for a visa number to become available based on their priority date.
  1. Application Process

The application process for family visas generally involves several steps:

  1. Petition Filing: The sponsoring relative files Form I-130 with USCIS along with supporting documents that prove the familial relationship.
  2. Approval Notification: If USCIS approves the petition, it sends a notice to both the petitioner and beneficiary.
  3. Visa Application: For those outside the U.S., once notified that a visa is available, beneficiaries must complete Form DS-260, Online Immigrant Visa Application, and attend an interview at a U.S. embassy or consulate.
  4. Adjustment of Status: If beneficiaries are already in the United States legally, they may apply for adjustment of status using Form I-485 after receiving approval from USCIS.
  5. Final Steps: After approval through either consular processing or adjustment of status, beneficiaries receive their immigrant visa or green card.
  6. Important Considerations

When applying for family visas, it’s essential to consider:

  1. Documentation Requirements: Applicants must provide various documents such as birth certificates, marriage certificates, proof of citizenship or permanent residency from sponsors, financial support evidence (Form I-864), and any legal name change documents if applicable.
  2. Processing Times: Processing times can vary significantly based on visa type and individual circumstances; immediate relative petitions typically process faster than family preference petitions due to numerical limits.
  3. Legal Assistance: Given the complexities involved in immigration law, many applicants benefit from consulting with an immigration attorney throughout this process.

In summary, family visas play a crucial role in uniting families across borders by allowing eligible relatives to immigrate to the United States based on established familial relationships.

For more enquiries on a United State Family visa, book a consultation with a consultant with e-lhr

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