If you’re looking to reunite with a family member in the United States, applying for a family-based immigrant visa is one of the most common pathways. The U.S. immigration system allows U.S. citizens and lawful permanent residents (green card holders) to petition for certain family members to immigrate to the U.S. and live together. This blog will walk you through the process of applying for a U.S. family-based immigrant visa, highlighting key steps, eligibility criteria, and important considerations.
What is a Family-Based Immigrant Visa?
A family-based immigrant visa allows foreign nationals to live and work in the U.S. as permanent residents (green card holders). There are two main categories of family-based visas:
- Immediate Relative Immigrant Visas – These are available to close family members of U.S. citizens, such as spouses, unmarried children under 21, and parents of U.S. citizens (over 21 years of age). There is no annual cap on the number of immediate relative visas, which means there is generally no waiting period.
- Family Preference Immigrant Visas – These visas are available to other family members of U.S. citizens and lawful permanent residents. However, these visas are subject to annual numerical limits, which can result in waiting times depending on your relationship with the sponsor and the country of origin.
Who Can Apply?
The eligibility for a family-based immigrant visa depends on the relationship between the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the family member seeking to immigrate).
- U.S. Citizens can petition for the following family members:
- Spouse
- Unmarried children under 21
- Parents (if the U.S. citizen is over 21)
- Siblings (subject to preference categories)
- Lawful Permanent Residents (Green Card Holders) can petition for the following family members:
- Spouse
- Unmarried children under 21
Steps to Apply for a Family-Based Immigrant Visa
- Determine Eligibility and Petition Filing The first step in the process is determining your eligibility. If you are a U.S. citizen or a lawful permanent resident, you must file a petition on behalf of your family member.
- For U.S. citizens: You can file a Form I-130, Petition for Alien Relative, for spouses, children, and parents (immediate relatives) or other family members (in the family preference categories).
- For lawful permanent residents: You can also file a Form I-130, but the priority will be given to immediate relatives, and you may need to wait longer for family preference categories.
- Wait for Petition Approval After the petition is submitted, U.S. Citizenship and Immigration Services (USCIS) will process it. This can take several months, depending on the type of visa and your family relationship. Once the petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing.
- Apply for a Visa Once your petition is approved and a visa number becomes available (if applicable), you can apply for an immigrant visa at the U.S. embassy or consulate in your home country. This involves submitting a Form DS-260, Immigrant Visa and Alien Registration Application, and attending a visa interview. During the interview, you will need to provide:
- A valid passport
- A medical examination report from an approved physician
- Police certificates and court records (if applicable)
- Affidavit of Support (Form I-864) from your petitioner, confirming that they have the financial means to support you
- Attend the Visa Interview You and your family member will be required to attend an interview at the U.S. consulate or embassy. A consular officer will review your application and supporting documents to ensure eligibility. The officer may ask questions about your relationship with your petitioner, your background, and your plans in the U.S.
- Visa Approval and Entry to the U.S. If everything goes well, your visa will be approved, and you will receive an immigrant visa stamp in your passport. This allows you to enter the United States as a lawful permanent resident.
- Receive Your Green Card After entering the U.S. on an immigrant visa, you will receive your green card (permanent resident card) by mail. It usually takes a few weeks to a few months for the green card to arrive.
Important Considerations
- Visa Bulletin and Waiting Times: For family preference visas, there can be long waiting times due to the annual cap on the number of visas issued. The U.S. Department of State’s Visa Bulletin provides information about current waiting times for different categories and countries. Immediate relative visas generally don’t have waiting times, but family preference categories can experience significant delays.
- Affidavit of Support: One of the key requirements for the family-based immigrant visa process is the Affidavit of Support (Form I-864). The sponsor (petitioner) must prove that they have enough income or assets to support the immigrant and prevent them from becoming a public charge. The sponsor must meet certain income guidelines based on their household size.
- Conditional Green Card: If the immigrant visa is based on a marriage that is less than two years old at the time of entry, the immigrant will receive a conditional green card. This means that they will need to file a petition to remove the conditions on their status within two years of receiving the green card.
Conclusion
Applying for a family-based immigrant visa to the U.S. can be a long and complex process, but it is also one of the most rewarding ways to reunite with loved ones. It is important to carefully follow the procedures, submit accurate documents, and understand the eligibility requirements. If you need help navigating the process, consulting with an experienced immigration attorney can ensure that your application is completed correctly and without delays.
At Lexus Planets, we specialize in international law and immigration services, offering expert guidance through the U.S. immigration process. If you have any questions or need assistance, feel free to contact us for personalized legal support.