U.S. Family-based Visas Guidebook

For me and many people around the world, the United States represents a land of opportunity – a chance to build a better life for themselves and their loved ones.

And what could be more important than keeping families together?

That's why the U.S. has a special system dedicated to helping relatives of American citizens and permanent residents (green card holders) immigrate legally.

But let's be real here – this whole process can be a total maze!

With all the different visa categories, requirements, and endless paperwork, it's easy to feel lost.

I'm telling you, it is what it is...

But be rest assured now, that's why I'm here to break it all down and give you the inside scoop on how to go about the family-based immigration route.

For other US immigration route, you can also check the employment-based visas that also leads to permanent residency. Possibly, job offers and investments could get you a U.S citizenship too. Check it out.

Back to family-based options, this is quite a broad topic but I will make sure I deliver it briefly to enable you grasp the best information needed.

Before we take each visa opportunity in this broad "family visas," allow me to summarily tell you what these family-based visas are.

Come all in..

United States Family Visas

What is this Family-Based Immigration Route?

Essentially, family-based immigration allows certain relatives of legal U.S. citizens and green card holders to obtain permanent resident status (a green card) and eventually become citizens themselves if they meet the criteria.

For U.S. citizens, they can petition for their spouses, unmarried children under 21, parents (if the citizen is at least 21 years old), and siblings.

Although, these green card holders have a smaller pool of who they can petition for, including spouses and unmarried children.

And, for your information, family-based immigration visas are divided two main categories: Immediate Relatives and Family Preference.

We will both dive into the different visas under each type below.

Immediate Relative Visas

These visas are for the closest family members of U.S. citizens, and there's no annual limit on how many can be issued (score!).

Under these immediate relative visas are the followings:

IR-1/CR-1 (Spouse of U.S. Citizen)

• If you're married to a U.S. citizen, they can petition for you to get a green card through this visa
• You'll need to provide proof of your marriage, like a marriage certificate and other evidence that it's legitimate (no fake relationships allowed!)
• For same-sex marriages, these are recognized as long as the marriage was legal where it took place

IR-2 (Child of U.S. Citizen)

• This one's for unmarried children (under 21) of U.S. citizens
• Biological kids automatically qualify, but adopted children and stepchildren may need additional documentation
• There are certain age requirements depending on when the petition is filed

IR-5 (Parent of U.S. Citizen at least 21 years old)

• For parents of U.S. citizens who are at least 21 years old
• The citizen child has to be able to prove they can financially support their parent(s)
• Biological parents, as well as some adoptive parents, may qualify

Family Preference Visas

These visas have annual limits, so there are often major backlogs and waiting periods involved – sometimes years! The order goes:

F1 (Unmarried Sons/Daughters of U.S. Citizens)

• You must be unmarried and over 21 to qualify under this category
• Your U.S. citizen parent has to petition for you
• Biological as well as some adopted/stepchildren may be eligible

F2A (Spouses/Children of Green Card Holders)

• This covers spouses and unmarried children (under 21) of permanent residents
• The green card holder has to be the one to file the petition
• For children, the same parent-child rules as above generally apply

F2B (Unmarried Sons/Daughters of Green Card Holders)

• Similar to the F1 category, but you're the child of a permanent resident instead of a citizen
• You must be unmarried and meet certain age requirements
• Long waiting times are very common in this category

F3 (Married Sons/Daughters of U.S. Citizens)

• You must be the married child of a U.S. citizen parent to apply
• Your spouse and minor children could qualify as "derivative" applicants
• Waiting periods can be extremely lengthy for this category

F4 (Brothers/Sisters of U.S. Citizens)

• This allows U.S. citizens to petition for their brothers or sisters to immigrate
• Applies to biological as well as some adopted siblings
• This category has the longest waiting times of all!

The Visa Petition Process

Okay, so once you've determined the right visa category for your situation, the first major step is filing an immigrant petition.

This officially lets the government know you intend to sponsor your relative for a green card.

For immediate relatives, the U.S. citizen submits Form I-130, Petition for Alien Relative.

For preference categories, the same form is used but additional documents like proof of their status as a citizen/green card holder will be needed.

The petitioner (the U.S. relative doing the sponsoring) has to provide tons of evidence showing their relationship to the beneficiary (you, the person immigrating) is real and meets all requirements.

Things like birth/marriage certificates, financial records, photos – basically your entire life story! 😂

It's a hugely important step.

Why? Because an approved petition essentially saves your place in line for that visa category based on the date it was properly filed. Those sick waiting times we mentioned? That's because there's a limited number of visas available each year, so the line can get insanely long.

Fees Attached

It is highly helpful to mention that some fees will be charged for some services such as:

• Filing an immigrant Petition for Alien Relative, Form I-130 (this fee is charged by USCIS).
• Processing an immigrant visa application, Form DS-260
• Medical examination and required vaccinations (costs vary)
• Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.

Mind you, you can check the total cost of traveling to the U.S to get the inside scoop of how much you're budgeting for your travels.

Also, be aware that these fees will be paid for each intending immigrant, regardless of age, and are not refundable.

Adjustment of Status vs. Consular

Processing

Once your petition is approved, there are two different paths to actually getting that coveted green card:

Adjustment of Status

• This option is for people who are already in the United States, even if their original entry wasn't legal
• You apply to adjust your current status to that of a permanent resident using Form I-485
• The processing happens entirely within the U.S. through USCIS offices
• You may be able to get a work permit while your case is pending

Consular Processing

• For people who are outside the U.S. and don't qualify for adjustment
• After petition approval, you submit application materials to the U.S. embassy or consulate in your home country
• You'll attend an interview there as the final step before getting your immigrant visa
• With the visa, you can then enter the U.S. as a permanent resident

Let me be frank with you, there are pros and cons to each process. But... a lot depends on your specific situation and country of origin.

I will say, your best bet is to get advice from an immigration expert on the ideal path (we provide such services, you can contact us on getting immigration lawyers).

Moving further...

Maintaining Status and Removing Conditions

So let's say everything goes smoothly, and you're approved for that hard-earned green card - congrats!

But the journey isn't over quite yet.

For a start, it's beyond important to follow all the rules for maintaining your permanent resident status going forward. Don't even think about overstaying period limits, working illegally, or committing any crimes.

That's a sure-fire way to get your green card revoked and potentially deported.

If you obtained your green card through marriage to a U.S. citizen, there's an extra step too. Your initial permanent residency will be "conditional" for the first two years. During that time, you and your spouse will need to apply to remove those conditions by filing Form I-751 and providing updated proof that your marriage is legit and ongoing.

It may sound like a hassle, but these measures are in place to protect against things like fraud or sham marriages, so you'll just have to play by the rules.

Additional Considerations

On top of all that, there are a few other special circumstances and provisions to be aware of:

VAWA self-petitions allow certain victims of domestic violence to self-petition without needing their abusive U.S. citizen or permanent resident spouse.

Waivers may be available for things like certain criminal records, health issues, or unlawful presences that could otherwise make you inadmissible. But they aren't guaranteed.

The spouse and minor children (under 21) of a primary visa beneficiary are considered "derivative" applicants and can generally obtain green cards alongside them.

Most family-based immigrants will need an Affidavit of Support proving their sponsoring relative has sufficient income/assets to support them financially in the U.S.

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It's a Lot to Take In

Let's be real - the U.S. family immigration system is a complicated web of rules, categories, and processes that can make your head spin.

Between the endless paperwork, appointments, interviews, and strict requirements, successfully navigating it is no easy feat.

At the end of the day, keeping families united is a fundamental human need. With patience, perseverance, and the right knowledge, the family-based immigration process offers a lawful pathway for making that dream a reality on American soil.

The hurdles are high, but the payoff of raising your family together in a new home makes it all worth the effort.