Immigration Information Center

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• Immigrant Visas - An Overview
• Employment-Based Immigrant Visas
• Family-Based Immigrant Visas
• The Diversity Visa Lottery Program
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• Frequently Asked Questions about Immigrant Visas
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Family-Based Immigrant Visas

Under federal law, citizens and legal permanent residents can sponsor their family members for immigrant visas. There are no limitations on the total number of visas that can be issued to a child, spouse, or parent of a United States citizen; however, the total number of visas issued to immediate relatives (children, spouses, or parents) of US citizens affects the availability of other family-based immigrant visas. Family-based immigrant visas require careful preparation, but even accurate and thorough applications may face significant delays. An immigration attorney can prepare your family-based immigrant visa application and follow it through the visa process. If you have questions about family-based immigration, call an immigration attorney today.

Family-Based Immigrant Visa Categories and Preferences

Relatives of United States citizens or legal permanent residents are distinguished and assigned preferences for purposes of family-based immigration. Some relationships receive higher priority than others, and some relationships cannot form the basis for an immigrant visa. Once a relative's visa petition is approved, he or she will be issued a visa based on his or her priority date (typically the day on which the petition was filed) and country of origin. Visas are only issued when available, and depending on a relative's priority date, country of origin, and preference level, a visa may be issued immediately or not for several months or years.

Immediate Relatives of US Citizens. A parent, spouse, or unmarried child under the age of 21 is an "immediate relative." An immediate relative of a US citizen may be issued a visa and allowed to immigrate as soon as his or her petition is approved. A relative who qualifies for a family-based immigrant visa but is not an immediate relative of US citizen will be assigned a priority date, country of origin, and preference level and issued a visa when one becomes available.

Applicants for family-based immigrant visas other than those for an immediate relative of a US citizen are assigned to the following preference categories:

• First Preference - Unmarried Adult Children of US Citizens. This category includes unmarried sons or daughters 21 years of age or older of US citizens.
• Second Preference - Spouses and Children of Legal Permanent Residents. This category includes spouses, unmarried children under the age of 21, and unmarried sons or daughters 21 years of age or older of legal permanent residents.
• Third Preference - Married Children of US Citizens. This category includes married sons and daughters of US citizens.
• Fourth Preference - Siblings of Adult US Citizens. This category includes brothers and sisters of US citizens 21 years of age or older.

Fiancée or Fiancé Visas. Temporary, nonimmigrant fiancée visas are available for foreign nationals to travel to the United States to marry a US citizen. Once married, the foreign national must apply for permanent residence separate from the initial visa application.

Conclusion

Too often, families have been divided by problems in obtaining immigrant visas. Unrealistic expectations as to the amount of time required for processing, the documentation required, and the significance of the preference status results in emotional turmoil for families who just want to be together. If you have questions about family-based immigration, you need to consult with an attorney who understands this complex area of law. An immigration attorney can help to reunite your family.

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