Family Visas
Family-Based Green Cards
- Who can petition for a family-based Green Card.
- Who can be a beneficiary of a family-based Green Card.
- The requirements and procedures for each category.
Petitioners: Who Can File a Petition?
All family-based Green Card petitions must be submitted by someone who is either a US citizen or US lawful permanent resident. The petitioner serves as the sponsor of the foreign-born family member for visa purposes. The petitioner must have the status of US citizen or US lawful permanent resident on the date on which the visa petition is submitted to USCIS.
Beneficiaries: Understanding Family-Based Green Card Categories
US immigration law created detailed categories of persons who are eligible to receive a family-based Green Card. We summarize these categories below:
1. Immediate Relatives
Immediate Relative Immigrant Visas are available to spouses of US citizens, parents of US citizens, and children of US citizens provided the child is under age 21 and unmarried. A petitioner must be a US citizen for the beneficiary to be considered an Immediate Relative.
The key benefit of qualifying as an Immediate Relative is that the beneficiary is not subject to a visa waiting list to obtain US lawful permanent resident status. They are eligible to obtain their visa as soon as the USCIS and US Consulate complete their normal visa process.
The specific Immediate Relative categories are described below:
IR-1: Spouse of a US Citizen: This visa allows US citizens to bring their foreign-born spouses to the United States. The couple must prove the legitimacy of their marriage and meet all necessary legal requirements.
IR-2: Unmarried Child Under 21 of a US Citizen: US citizens can sponsor their unmarried children under the age of 21. Proof of parent-child relationship and the child’s age are required for this visa category.
IR-3: Orphan Adopted Abroad by a US Citizen: This visa is for children adopted by US citizens outside of the United States. The adoption must meet the legal requirements of both the child’s home country and the US.
IR-4: Orphan to be Adopted in the US by a US Citizen: This visa applies to children who will be adopted in the United States. The prospective adoptive parents must comply with the legal requirements and processes in both countries.
IR-5: Parent of a US Citizen (who is at least 21 years old): US citizens who are at least 21 years old can sponsor their parents to immigrate to the United States. Proof of the parent-child relationship and the sponsor’s age is required.
2. Family Preference Immigrant Visas
Family Preference Immigrant Visas enable a US citizen or US lawful permanent resident to sponsor certain foreign-born members of their family.
US citizens are allowed to sponsor:
F1: Unmarried Sons and Daughters of US Citizens: This visa is for unmarried adult children (21 years or older) of US citizens. The US citizen parent must prove their relationship to the applicant.
F3: Married Sons and Daughters of US Citizens: US citizens can sponsor their married children of any age. The sponsor must prove their relationship and the marital status of the applicant.
F4: Brothers and Sisters of US Citizens (who are at least 21 years old): US citizens who are at least 21 years old can sponsor their siblings. The applicant must provide evidence of their sibling relationship and the sponsor’s age.
US lawful permanent residents are allowed to sponsor:
F2A: Spouses and Children of Permanent Residents: Permanent residents (Green Card holders) can sponsor their spouses and unmarried children under 21. This category has a higher priority compared to other family preference categories.
F2B: Unmarried Sons and Daughters (21 years or older) of Permanent Residents: This visa is for the unmarried adult children of Green Card holders. Proof of the parent-child relationship and the applicant’s unmarried status is required.
The key difference between Immediate Relatives and Family-Based Preference categories is that Family-Based Preference categories are typically subject to years-long waiting lists to obtain a visa. A waiting list means that, even after the Immigrant Visa is processed by USCIS, there will be a years-long wait before the visa will actually be delivered to the foreign-born family member.
Eligibility Requirements
Petitioners need to qualify for specific eligibility requirements to ensure a successful application process. These include:
Relationship Proof
Financial Requirements (Affidavit of Support): Sponsors must demonstrate their ability to financially support the applicant to prevent them from becoming what is considered a ‘public charge’. This requirement is met by submitting an Affidavit of Support (Form I-864).
Background Checks
Immigration Medical Examinations
Family-Based Visa Application Process
The application process for family-based visas involves several critical steps, from filing the initial petition to attending the visa interview. Each step requires careful preparation and attention to detail to ensure a successful outcome.
Step 1: Filing the Petition
The first step in the family-based visa application process is filing an Immigrant Visa petition (Form I-130) to establish the qualifying relationship between the sponsor and the beneficiary.
The Immigrant Visa petition should include important supporting documents to establish the validity of the familial relationship and the sponsor’s eligibility. Proof of relationship is demonstrated through documents such as marriage certificates, birth certificates, and adoption decrees.
Proof of the petitioner’s immigration status may also be required, which includes providing a copy of the sponsor’s US passport, naturalization certificate, or Green Card. These documents verify the sponsor’s legal status in the United States.
Additionally, other documents may be necessary to support the validity of the relationship. This includes evidence of any name changes, previous marriages, and other relevant documents that help establish the authenticity of the familial connection.
Step 2: Adjustment of Status or Consulate Processing
Adjustment of Status: Sometimes, it is possible to file an application with USCIS for the delivery of the beneficiary’s Green Card in the US. This process is known as Adjustment of Status. It is a very helpful and attractive process for many people who are living in the US.
Adjustment of Status, however, requires strict compliance with certain eligibility requirements – the most important of which is that the beneficiary must be in lawful immigration status in the US and not be prohibited from applying for Adjustment of Status. For example, there are circumstances in which a visitor or a student or J-1 exchange visitor may be prohibited from applying for Adjustment of Status. And, for example, marine crew with “C” visas are always prohibited from applying for Adjustment of Status. Applicants should receive detailed legal advice from experienced immigration counsel before filing for Adjustment of Status.
Consulate Processing: The traditional process for delivery of the beneficiary’s Green Card is for the beneficiary to appear at an in-person interview at a US Consulate in their home country. This process is known as Consulate Processing.
After USCIS approves the I-130 petition, the case is transferred to the National Visa Center (NVC) of the US Department of State. The NVC assigns a case number and provides instructions for the next steps, including the collection of additional documents and fees.
The NVC requires submission of civil documents (birth certificates, marriage certificates, police certificates), financial documents (Affidavit of Support, Form I-864), and any other required forms.
The NVC forwards the case to the appropriate embassy or consulate, where the beneficiary will attend a visa interview and submit biometric information.
Step 3: Interview and Approval
The final step in the application process is the visa interview, followed by the decision on the visa application. You should be prepared to answer questions about the relationship with the sponsor, background information, and other relevant details. Also, bring all original documents, copies submitted with the application, and any additional documents requested by the consulate or USCIS.
Visa Waiting Lists
Processing times for family-based Immigrant Visas can vary significantly depending on several factors, including the type of visa and the applicant’s country of origin.
For example, visa applicants from China, Mexico, and India have the highest number of Family-Based Immigrant Visas submitted with USCIS. Consequently, the visa waiting list for these countries for Family-Based Immigrant Visas is very significant.
USCIS and the US Department of State notify the public about visa waiting lists and processing times through online communications. The most important online publication for this purpose is the Department of State’s Visa Bulletin. It is published monthly and determines which applicants can move forward with their visa process, and the rate of progress of applicants that are required to continue to wait for delivery of their Green Card.
The Visa Bulletin thus provides crucial information on visa availability and priority dates for Family-Based Preference Categories.
The priority date is the date on which the petitioner’s visa petition was properly submitted to USCIS. That priority date determines the place in line based on the demand for that visa category from other persons born in that country. The Visa Bulletin thus determines when their priority date becomes available for delivery of the Immigrant Visa to the beneficiary.
Again, Immediate Relative visas are exempt from visa waiting lists and are not reported on the Visa Bulletin.
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