Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens, if marriage is less than two years in duration. The term preference relative applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include: married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.
Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust status. Preference relatives often face very long waiting times, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.
Types of Family-Based Immigration Visas
In the U.S., the different types of family-based visas include:
- Immediate Relative Visas (IR): Available to “immediate relatives” of a U.S. citizen, including a spouse, unmarried child under the age of 21, orphan to be adopted or already adopted abroad by a U.S. citizen, or parent of a U.S. citizen who is at least 21 years of age
- Family Preference Visas (FP): Available to certain family members of U.S. citizens and some specific family members of lawful permanent residents (Green Card holders)
Within the Family Preference (FP) category, there are several available visas including: - FP1 Visas (Family First Preference): Available to unmarried sons/daughters of U.S. citizens, as well as their minor children
- FP2 Visas (Family Second Preference): Available to spouses, minor children, and unmarried children over the age of 21 of lawful permanent residents
- FP3 Visas (Family Third Preference): Available to married sons/daughters of U.S. citizens, as well as their minor children and/or spouses
- FP4 Visas (Family Fourth Preference): Available to siblings of U.S. citizens who are at least 21 years of age, as well as their minor children and/or spouses
While IR visas are unlimited, FP visas are limited, meaning they may be somewhat more difficult to obtain. Additionally, if you are a U.S. citizen, you may bring a foreign national fiancé or spouse to the United States through the K-1 fiancé or K-3 spouse visa.
Procedure to Apply for Family-Based Immigration
- Your sponsor must submit Form I-130 (Petition for Alien Relative) for you at a USCIS center, along with documentation to prove that:
- He/She is a Citizen or Lawful Permanent Resident of the U.S.
- He/She can support you at 125% above the mandated poverty line and fill out an Affidavit of Support.
- You are related to him/her.
- Once USCIS receives your visa petition from your sponsor, it will be approved or denied. In the event that the petition is approved, USCIS will notify your sponsor.
- USCIS then sends the approved visa petition to the Department of State’s National Visa Center. The Center will notify you when the visa petition is received and again when an immigrant visa number is available. The immigrant visa numbers are allotted on the basis of the Preference Categories (described below). You can check your visa number allotment status in the Department of State’s Visa Bulletin.
Note: You need to contact the National Visa Center only if: - You change your address;
- There is a change in your personal situation or that of your sponsor that may affect the eligibility for an immigrant visa for you – such as attaining the age of 21 years, marriage, divorce, or death of a spouse; or
- If you are already in the U.S. when an immigrant visa number is allotted to you, you can apply to change your status to that of a Lawful Permanent Resident. If you are not in the U.S. when an immigrant visa number becomes available, you must complete the processing of your application at the U.S. Consulate that services the area in which you reside.