Family Based Immigration
Comprehensive Guide to Family-based immigration
Family-based immigration allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor eligible family members for permanent residency. These visas are divided into two main categories: Immediate Relatives and Family Preference Categories, each with specific eligibility requirements and processing times.
Immediate Relative (IR) Visas
These visas are for spouses (IR-1), unmarried children under 21 (IR-2), and parents (IR-5) of U.S. citizens. They have no annual quota, allowing faster processing compared to other family-based visas. Applicants must prove a qualifying family relationship and meet financial sponsorship requirements.
Family Preference (F) Visas
These visas are for more distant family relationships, including adult children and siblings of U.S. citizens (F1, F3, F4) and spouses or children of Green Card holders (F2A, F2B). They are subject to annual numerical limits, resulting in longer wait times. Eligibility is based on an approved family petition, financial sponsorship, and proof of a genuine relationship.
K Visa -Fiancé(e) & Spouse of U.S. Citizens)
This visa allows the foreign fiancé(e) of a U.S. citizen to enter the U.S. and marry within 90 days. After marriage, the visa holder can apply for a Green Card through adjustment of status. The couple must prove their relationship is genuine and that they have met in person within the last two years.
V Visa - Spouse & Children of Green Card Holders
Available for spouses and children of Green Card holders who have been waiting for visa processing for an extended period. This visa helps keep families together while they await their immigrant visa approval. Due to changes in immigration processing, V visas are rarely issued today.
Family-based immigration provides an opportunity for U.S. citizens and permanent residents to reunite with their loved ones, but processing times and eligibility depend on the relationship category and visa availability.
Application Process for Family based Immigration Visas
1️⃣ Petition Filing (Form I-130)
- The U.S. citizen or Green Card holder submits Form I-130 (Petition for Alien Relative) to USCIS.
2️⃣ Visa Number Availability
- Immediate relatives do not have wait times, but family preference applicants must wait for visa numbers based on priority dates.
3️⃣ Consular Processing or Adjustment of Status
If outside the U.S., applicants complete consular processing.
If inside the U.S., applicants can apply for adjustment of status (Form I-485) to become a Green Card holder.
4️⃣ Medical Examination & Interview Embassy/Consulate
- Applicants must undergo a medical exam and attend an interview at a U.S. consulate or USCIS office.
For detailed information on the process for each non-immigrant visa, please refer to the relevant page or contact our law office.
Please click on the visa type you are interested in.
Immediate Relative (IR) Visas
Immediate Relative (IR) visas are immigrant visas issued to the closest family members of U.S. citizens. These visas have no annual numerical limits, making them one of the fastest routes to obtaining a green card. IR visas prioritize family reunification and are available to spouses, children, and parents of U.S. citizens.
Types of IR Visas
IR-1 Visa (Spouse of a U.S. Citizen)
Issued to the spouse of a U.S. citizen, allowing them to obtain a green card immediately upon entry.
If the marriage is less than two years old at the time of approval, a Conditional Resident (CR-1) visa is issued, requiring the couple to apply for the removal of conditions after two years.
The applicant must prove the legitimacy of the marriage, and the U.S. citizen spouse must provide financial sponsorship.
IR-2 Visa (Unmarried Child Under 21 of a U.S. Citizen)
Available to unmarried children under 21 years old of U.S. citizens, granting them lawful permanent residence.
If under 18 at the time of entry, the child may automatically acquire U.S. citizenship.
Adopted children may qualify for IR-2 visas if they meet specific legal requirements.
IR-3 Visa (Orphan Adopted Abroad by a U.S. Citizen)
Designed for children adopted abroad by U.S. citizens, provided the adoption is legally finalized in the child’s home country.
The child automatically becomes a U.S. citizen upon entering the U.S. with an IR-3 visa.
At least one adoptive parent must have physically seen the child before or during the adoption process.
IR-4 Visa (Orphan to Be Adopted in the U.S. by a U.S. Citizen)
For orphans being brought to the U.S. for adoption by U.S. citizens, where the adoption is not yet finalized in the child’s home country.
The child becomes a U.S. citizen only after the adoption is completed in a U.S. court.
The adoptive parents must have met the child before filing for the visa, and the adoption process must comply with U.S. immigration laws.
IR-5 Visa (Parent of a U.S. Citizen at Least 21 Years Old)
Allows U.S. citizens aged 21 or older to sponsor their foreign-born parents for lawful permanent residence.
The U.S. citizen petitioner must provide proof of the parent-child relationship and meet financial sponsorship requirements.
Adoptive parents may be eligible if the adoption occurred before the child turned 16 and they have lived together for at least two years.
Key Features of IR Visas
No Annual Cap: Unlike family-preference visas, IR visas do not have numerical limits, resulting in shorter processing times.
Direct Green Card Eligibility: IR visa holders can apply for permanent residency upon arrival in the U.S. and may later apply for U.S. citizenship.
Financial Sponsorship Required: The U.S. citizen petitioner must submit an Affidavit of Support (Form I-864) to demonstrate financial responsibility for the beneficiary.
IR visas provide one of the fastest and most direct paths to obtaining a green card, making them an essential option for U.S. citizens seeking to reunite with their immediate family members.
Family Preference (F) Visas
Family Preference (F) visas are immigrant visas issued to more distant family members of U.S. citizens and lawful permanent residents (LPRs). Unlike Immediate Relative (IR) visas, F visas have annual numerical limits, leading to longer wait times depending on visa category and country of origin. These visas allow U.S. citizens and green card holders to sponsor certain relatives for permanent residency.
Types of Family Preference (F) Visas
F1 Visa (Family First Preference – Unmarried Adult Children of U.S. Citizens)
Available to unmarried sons and daughters (age 21 or older) of U.S. citizens.
Beneficiaries may bring their own minor children (F2 derivatives) as dependents.
Due to numerical limits, F1 visa processing times can be lengthy, often spanning several years.
F2A Visa (Family Second Preference – Spouses and Minor Children of Green Card Holders)
Issued to the spouses and unmarried children (under 21) of lawful permanent residents (LPRs).
Unlike other family preference visas, the wait time for F2A is relatively shorter.
Beneficiaries can apply for a green card upon visa approval, but the sponsor must remain an LPR until the process is completed.
F2B Visa (Family Second Preference – Unmarried Adult Children of Green Card Holders)
Designed for unmarried sons and daughters (age 21 or older) of LPRs.
Beneficiaries cannot bring their own children or spouses under this category.
Processing times can be significantly longer due to numerical limitations.
F3 Visa (Family Third Preference – Married Children of U.S. Citizens)
Available to married sons and daughters of U.S. citizens, regardless of age.
Spouses and minor children of the beneficiary can be included in the application.
Due to high demand and numerical limits, the F3 visa category typically has one of the longest wait times.
F4 Visa (Family Fourth Preference – Siblings of U.S. Citizens)
Allows U.S. citizens (aged 21 or older) to sponsor their brothers and sisters for permanent residency.
Beneficiaries can include their spouses and minor children in the application.
F4 visas have long processing times, often exceeding 10-20 years due to strict numerical caps.
Key Features of Family Preference (F) Visas
Annual Quotas Apply: Unlike IR visas, family preference visas are subject to annual numerical limits, leading to significant processing delays.
Priority Based on Category & Country: The waiting period varies depending on the visa category and the beneficiary’s country of origin, as some countries have higher demand than others.
Pathway to Permanent Residency: Once an F visa is granted, the beneficiary can apply for a green card and eventually for U.S. citizenship.
Family Preference visas provide a route for more distant relatives to immigrate to the U.S., though the process can take several years due to visa backlogs.
K Visas (Fiancé(e) & Spouse of U.S. Citizens)
K visas are non-immigrant visas that allow foreign fiancé(e)s, spouses, and their children to enter the U.S. to reunite with their U.S. citizen sponsor. While these visas are temporary, they provide a path to permanent residency (Green Card) after marriage or adjustment of status. K visas are particularly useful for couples who wish to expedite the immigration process while waiting for an immigrant visa.
Types of K Visas
K-1 Visa (Fiancé(e) of a U.S. Citizen)
Issued to foreign fiancé(e)s of U.S. citizens to enter the U.S. for marriage.
The couple must marry within 90 days of the foreign fiancé(e)’s arrival.
After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (Green Card holder).
K-2 Visa (Children of K-1 Visa Holders)
Issued to unmarried children (under 21) of K-1 visa holders.
Allows children to accompany the fiancé(e) to the U.S. and apply for a Green Card after the parent’s marriage to the U.S. citizen sponsor.
The child must remain unmarried to qualify for permanent residency.
K-3 Visa (Spouse of a U.S. Citizen)
Designed for foreign spouses of U.S. citizens who are awaiting immigrant visa processing.
Allows the spouse to enter the U.S. and live with their partner while their immigrant petition is processed.
K-3 visa holders must adjust status to obtain a Green Card after arrival in the U.S.
K-4 Visa (Children of K-3 Visa Holders)
Issued to unmarried children (under 21) of K-3 visa holders.
Allows children to enter the U.S. with their parent while waiting for their immigrant visa.
Children must apply for adjustment of status separately to obtain a Green Card.
Key Features of K Visas
Faster Family Reunification: K visas expedite the process of bringing fiancé(e)s and spouses to the U.S. while awaiting immigrant visa approval.
Marriage Requirement: K-1 visa holders must marry within 90 days of arrival, while K-3 visa holders must adjust their status after entering the U.S.
Path to Green Card: K visa holders must file for adjustment of status after marriage or arrival to obtain permanent residency.
K visas provide an essential route for U.S. citizens to reunite with their fiancé(e)s and spouses, allowing them to live together in the U.S. while completing the immigration process.
V Visa (Spouse & Children of Green Card Holders)
The V Visa is a non-immigrant visa that allows the spouses and children of U.S. Green Card holders to enter and live in the U.S. while waiting for their immigrant visa processing. It was created to reduce the long separation periods for families waiting for their Green Card applications to be finalized. However, V visas are only available for petitions filed on or before December 21, 2000, as the visa category has not been extended beyond that date.
Types of V Visas
V-1 Visa (Spouse of a Green Card Holder)
Issued to the spouse of a U.S. lawful permanent resident (LPR) with a pending Form I-130 (Petition for Alien Relative).
Allows the spouse to enter, live, and work in the U.S. while waiting for the completion of their immigrant visa process.
Provides a path to adjust status to permanent residency once the priority date becomes current.
V-2 Visa (Children of a Green Card Holder)
Issued to unmarried children (under 21) of U.S. Green Card holders with a pending Form I-130.
Allows children to reunite with their parents in the U.S. while awaiting their Green Card processing.
The child must remain unmarried to qualify for adjustment of status.
V-3 Visa (Derivative Children of V-1 or V-2 Holders)
Issued to the children of V-1 or V-2 visa holders.
Allows the children to enter the U.S. along with their V visa-holding parent.
Like V-2 visa holders, these children must remain unmarried to qualify for permanent residency.
Key Features of the V Visa
Designed for Family Reunification: Allows families of Green Card holders to live together in the U.S. instead of waiting abroad for visa availability.
Work Authorization: V visa holders can apply for an Employment Authorization Document (EAD) to legally work in the U.S. while waiting for their immigrant status.
Limited Eligibility: Only available for cases where the Form I-130 petition was filed on or before December 21, 2000. No new V visas are issued for later petitions.
While the V visa program is no longer available for new applicants, individuals who previously obtained a V visa may still be eligible to adjust their status in the U.S. under the original program’s provisions.
Key Considerations for Family based Immigration Visas
✔ Priority Processing for Immediate Relatives – No annual cap, resulting in faster processing.
✔ Visa Bulletin Wait Times – Family preference applicants must monitor the Visa Bulletin for availability.
✔ Affidavit of Support (Form I-864) – Sponsors must demonstrate financial ability to support the family member.
Family-based immigration provides an opportunity for U.S. citizens and permanent residents to reunite with their loved ones, but processing times and eligibility depend on the relationship category and visa availability.
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