Family Based Immigration: Here’s What to Know
How does the family based immigration process work exactly? If this is something you want more information on, then this is the place to learn more about what to expect and how to receive legal help.
Read further for details.
Introduction
Nobody understands just how hard it is to be away from family than those who are dealing with the immigration process. Trying to migrate to the United States can lead you down a long, treacherous road. Perhaps because, according to the U.S. Citizenship and Immigration Services Department, the number of family-sponsored preference visas each year is capped at 480,000.
While the set of circumstances may be different from one person to the next, at any given moment, there are many people patiently waiting it out. It is easy to get discouraged. But, when you want something bad enough, you need to find the will to be persistent through the finish line.
Of course, having a good understanding of the process and knowing what to expect can be helpful, too.
Current Immigration Climate
The current immigration crisis at our southern border has been in the news every day for months and months. The families are being torn apart, questionable holding facilities, and migrants turned back at the border have all made headlines. More recently, though, is the fact that many who make it safely across the border seeking asylum are let free into U.S. cities throughout California, Arizona, and Texas. Turns out that when the holding facilities reach their COVID-safe capacity, families with children often luck out and are free to go. Many find and live with family members who are already residing in the U.S.
Still, they are warned to check in with immigration once they get there. And, eventually, they are going to want to obtain a visa. Those who make it over the border and those who do not may be able to obtain one through family based immigration.
Family Based Immigration: What is it?
Through the Immigration and Nationality Act, citizens of the United States and Lawful Permanent Residents (LPR) can work to bring members of their families into this country. This family based immigration process is done by sponsoring family members who want to migrate to the U.S.
Family based immigration is the most common form of immigration here in the United States – making up roughly 65% of visas each year. Though, for it to work, two immediate family members (or those who fall within the definition in a family preference category), a petitioner, and a beneficiary are needed.
A general overview of the process is that sponsorship is established, a petition is filed on behalf of the relative, supporting documents are provided, and then, once approved, the migrating family member can apply for the visa.
Types of Family Based Visas/Preferences
Depending on the familial relationship, there are different types of visas available that fall under this family based category. These include the following:
Immediate Relatives
- IR-1 Visa: Spouse of a United Stated Citizen/LPR.
- IR-2 Visa: Unmarried children of a United States citizen/LPR. Must be under 21 years of age.
- IR-3 Visa: Children adopted abroad by a United States citizen/LPR.
- IR-4 Visa: Children adopted in the U.S. by a United States citizen/LPR.
- IR-5 Visa: Parent of a United States citizen/LPR who is 21 years of age or older.
Family Preference Visas
For those seeking visas who do not have immediate family members in the United States, there are family preference options available for more distant relationships if eligible. They are as follows:
- F1 Visa Family First Preference: Sons and daughters of a United States citizen/LPR – and his/her minor children.
- F2 Visa Family Second Preference: Spouses, minor children, and unmarried sons and daughters over the age of 21 years of United States citizen/LPR.
- F3 Visa Family Third Preference: Sons and daughters of a United States citizen/LPR, their spouses, and any minor children.
- F4 Visa Family Fourth Preference: Brothers and sisters – at least 21 years of age – of a United States citizen/LPR and their spouses, also including their minor children.
Fiancé Visas
Another visa that falls under the family based category is the fiancé visa – and the fiancé visa for same-sex couples.
The fiancé visa allows for a U.S. citizen/LPR to bring a foreign national to this country for marriage. This is known as a K-1 visa and does require you to meet a few basic qualifications. This same visa may be applied to same-sex couples throughout the U.S., too.
Who is not eligible?
Unfortunately, there are a few relatives that do not fit in any category of family based immigration visas. These include:
- Aunts and uncles
- Grandparents
- Nieces and nephews
- In-laws
The Application Process
The process of applying for a visa through family based immigration preferences is going to differ based on the type of visa being sought. It also matters whether or not the individual seeking the visa is currently residing in the U.S. or elsewhere.
If you are already here in the United States, you can fill out form I-485 to apply for a green card – giving you lawful permanent resident status. That way you can avoid having to go back to your home country to wait on the visa process. You must fall into one of the categories above or a few others which you can discuss with an attorney.
Otherwise, a petitioner will file form I-130 (Petition for Alien Relative) with the government. One of the family based criteria above must be met and proven. Once everything is approved and there is a visa number available, then an application for a green card may be made.
How an Attorney Can Help
When you become a legal resident of the U.S. you want to make sure that everything is exact and correct – especially amidst the current immigration climate we are facing. Having an attorney walk you through the steps ensures you are leaving nothing to chance.
Keep in mind that the process itself has been known to take several months to several years, depending on your situation. You may read the Immigration and Nationality Act and follow each step carefully and still find yourself frustrated and scared. When you are working closely with an immigration lawyer, he or she can help ease the burden and ensure success.
Trying to obtain a family based visa is planning for your future – it is too great of a risk to do alone.
Are you in search for a certified attorney to represent you?
Let us help you find one today!