When Are Family Members Eligible for Immigrant Visas?

 Posted on July 06, 2023 in Family Visa

For immigrants who have made new lives in the United States or people who have family members in foreign countries, the possibility of being reunited with their loved ones can be very fulfilling. Fortunately, the laws in the United States provide for the reunification of families through family-based visas. However, the process of applying for these visas can be complicated, and it is important to understand which types of relatives may be eligible for immigrant visas. With a strong understanding of the requirements that will need to be met when applying for visas, families can make sure they are taking the right steps to address concerns related to immigration.

Sponsorship for Visas by U.S. Citizens

U.S. citizens can sponsor their immediate family members for immigrant visas. These types of visas are known as Immediate Relative or IR visas. Eligible family members include a person's spouse, unmarried children who are under 21 years old, and parents. With IR visas, there are no waiting times and no limits on the number of people who can receive authorization to resettle in the United States. Therefore, immediate relatives can usually enter the U.S. within a few months of filing a visa application.

Some family members who are not immediate relatives may also qualify for family-based visas. These types of visas are known as Family Preference or F visas. Because there are annual limits on the number of F visas that can be issued, they are granted in a certain order of preference. The first preference category (F1) is for unmarried children over the age of 21 of U.S. citizens. The third preference category (F3) is for married children of U.S. citizens. The fourth preference category (F4) is for brothers or sisters of U.S. citizens.

Sponsorship for Visas by Green Card Holders

Lawful permanent residents of the United States can sponsor their immediate relatives for immigrant visas. These Family Preference visas may be available based on availability, and in many cases, lengthy waiting periods will be required. Visas for family members of Green Card holders fall into the second preference category of F visas. F2A visas may be available for spouses of lawful permanent residents, as well as children who are unmarried and under the age of 21. F2B visas may be available for unmarried children who are over the age of 21.

How Can a Person Sponsor a Relative for an Immigrant Visa?

To apply for a family-based visa, a person must file Form I-130, which is known as a Petition for Alien Relative. They can also file Form I-485, which is known as an Application to Register Permanent Residence or Adjust Status. If Form I-130 is approved, the family member may proceed with the process of obtaining a visa, which will allow them to enter the United States. If Form I-485 is approved, the immigrant will be able to adjust their status to lawful permanent resident after entering the U.S., and they will receive a Green Card.

The person who is sponsoring one or more of their family members for immigration will also be required to submit an Affidavit of Sponsorship. This document will show that they have the means to financially support the immigrant(s) who will be entering the United States, and it will also serve as an agreement in which the sponsor will be responsible for meeting their family members' needs and ensuring that they will not need to rely on public benefits.

Contact Our United States Family Immigration Attorneys

Understanding the eligibility requirements and the sponsorship process for family-based immigration visas can be complicated. However, with the right guidance, family members can successfully obtain immigrant visas and start a new life in the United States. At Immigrate Lawyer, our U.S. family-based immigration lawyers work with families to address issues related to immigration, ensuring that they file the correct forms and documents throughout the process of applying for visas and Green Cards. To learn more about how we can help you, contact us at 844-464-4727 and arrange a free consultation today.