Family-Based Immigration

Family-based immigration is a key part of U.S. immigration law, designed to reunite family members while promoting community integration and stability. It allows U.S. citizens and lawful permanent residents to sponsor certain relatives to join them in the United States. 

This process relies on two main categories of visas:

1. Immediate Relative Visas – For close family members such as spouses, parents, and unmarried minor children of U.S. citizens.

2. Family Preference Visas – For other relatives, such as siblings or married adult children, with annual limits on the number issued. 

The family-based immigration system reflects the value placed on keeping families together and recognizes the vital role that family support plays in the success of immigrants building new lives in the U.S.

The Types of Family-Based Immigration Visas 

Family-based immigration is a central component of U.S. immigration law, primarily governed by the Immigration and Nationality Act (INA), particularly under Sections 201 through 203. This system is designed to facilitate the reunification of families, recognizing that family support is integral to the successful integration of immigrants into American society. U.S. citizens and lawful permanent residents (LPRs) are permitted to sponsor certain relatives for lawful permanent residence (a green card) in the U.S.

The family-based immigration process is structured into two main categories of visas: 

Immediate Relative Immigrant Visas 

Immediate Relative (IR) visas are designed for close family members of U.S. citizens. These visas are available to: 

• Spouses of U.S. citizens 

• Unmarried children under 21 of U.S. citizens 

• Parents of U.S. citizens (if the citizen is over 21) 

One significant advantage of IR visas is that they are not subject to annual numerical limits. This means there is no cap on how many people can receive these visas in a year, resulting in faster processing times compared to other visa categories.

Family Preference Immigrant Visas 

Family Preference (F) visas are designated for extended family members of U.S. citizens and LPRs. These visas are divided into specific categories based on the relationship to the sponsor:

• F1 (First Preference): Reserved for unmarried adult children (21 years or older) of U.S. citizens.

• F2 (Second Preference): For spouses and unmarried children of Lawful Permanent Residents (green card holders). This category is further divided into: 

• F2A: Spouses and unmarried minor children (under 21) of LPRs. 

• F2B: Unmarried adult children (21 years or older) of LPRs. 

• F3 (Third Preference): For married adult children of U.S. citizens. This category allows for the inclusion of their spouses and minor children as derivative beneficiaries. 

• F4 (Fourth Preference): For siblings of U.S. citizens, provided the sponsoring citizen is over 21 years old.

Unlike IR visas, Family Preference visas are subject to annual numerical quotas, which means there is a limited number of visas available each year. As a result, applicants in this category often face longer wait times, which can vary depending on the demand and the applicant’s country of origin. For example, applicants from countries with high levels of immigration to the U.S. may experience significantly longer delays. 

Fiancé(e) and Spousal Visas

If you’re engaged to or recently married to someone who lives outside the U.S., K-1 and K-3 visas may apply. These visas allow for temporary entry while longer-term immigration processes are completed.