Family-based Immigrant Visas

The immigrant visa classification covers an array of visas available to those who wish to enter the U.S. and eventually become legal permanent residents (i.e. obtain “green cards”).

Family-based Immigrant Visas

In a family-based immigrant visa context, the sponsor is either an “immediate relative” or related in some other legally defined way to the immigrant. The process usually begins with the filing of a Form I-130. Below is an example illustrating the potentially very intricate interplay between the different options available to those who wish to petition for someone via a family-based immigrant visa.

If you are a U.S. citizen who wishes to petition for your spouse currently living in another country, you may file a Form I-130 for him/her as an immediate relative. However, if you are a U.S. citizen who wishes to petition for your fiancé/e currently living in another country, you may either 1) marry that person in the foreign country then petition for him/her as an immediate relative, or 2) petition for a K-1 visa via a Form I-129F, consummate the marriage in the U.S., then apply for your spouse to adjust his/her status to that of a lawful permanent resident.

Specific Categories of Family-based Immigrant Visas

Below is a list of the different categories of foreign nationals who could immigrate to the U.S. via a family-based petition:

• Immediate Relatives of U.S. Citizens: an immediate relative of a citizen must be 1) the spouse, 2) the child (under 21 years of age and unmarried), or 3) the parent if the citizen is at least 21 years of age.

• First Preference: unmarried son and daughter of a U.S. citizen who is at least 21 years of age.

• Second (2A) Preference: the spouse or child (under 21 years of age and unmarried) of a lawful permanent resident.

• Second (2B) Preference: unmarried son or daughter of a lawful permanent resident but is over the age of 21.

• Third Preference: married son or daughter, of any age, of a U.S. citizen.

• Fourth Preference: brother or sister of a U.S. citizen who is at least 21 years of age.

<< Back

 

            © Copyright 2014 Law Offices of Craig N. Lundgren