The family visa process allows certain relatives of U.S. citizens and lawful permanent residents to gain the right to legally live in the United States. If you are seeking to gain legal status, you are probably wondering how to pursue a family visa.
So, how do you apply for a family visa? You file a petition, complete consular processing or adjustment of status, and attend an interview.
Immigration law is constantly changing, and even a small mistake with your visa application could lead to a denial. If you need to apply for a family visa, an immigration lawyer can guide you through the process and help maximize your odds of approval.
How Do You Apply for a Family Visa?
While every case is different, you generally must complete these steps to obtain a family visa:
File Form I-130
The sponsoring family member typically files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
Wait for USCIS Approval
USCIS reviews the petition and, in some cases, requests additional evidence.
Wait for a Visa Number (If Required)
Immediate relatives of U.S. citizens usually do not need to wait for a visa number. However, if you fall into a family preference category, you may need one.
Apply for a Green Card
To get a green card, most applicants must complete consular processing through a U.S. embassy or consulate in their home countries.
According to a recent USCIS policy directive, the agency now treats adjustment of status as extraordinary discretionary relief, meaning many temporary visa holders are expected to complete the green card process through consular processing abroad unless extraordinary circumstances apply.
Attend the Immigration Interview
You attend an interview where immigration officials review your application and supporting documents.
Receive a Green Card
If you are already in the U.S., your green card will be mailed to your U.S. address. If you applied for a visa abroad, you will receive an immigrant visa in your passport and then receive your green card in the mail after arriving in the U.S. and obtaining permanent residency.
Who Can Sponsor a Family Visa?
To sponsor a family visa, you must be a U.S. citizen or a Lawful Permanent Resident (LPR) and meet specific age requirements. You must be at least 18 years old to petition for a spouse or child, and at least 21 years old to petition for a parent or sibling.
The eligible family members you can petition for depend on your specific immigration status.
U.S. Citizens
U.S. citizens have the broadest sponsorship privileges. You can petition for the following relatives:
- Spouses
- Unmarried children under 21
- Unmarried adult children (21 and older)
- Married children of any age
- Parents (must be 21 or older to sponsor)
- Siblings (must be 21 or older to sponsor)
Lawful Permanent Residents
Lawful permanent residents can sponsor a smaller subset of close family members. You can petition for:
- Spouses
- Unmarried children under 21
- Unmarried adult children (21 and older)
What Documents Do You Need for a Family Visa?
To apply for a family visa, you must submit extensive supporting documentation.
Commonly required documents include:
- Birth certificates
- Marriage certificates
- Divorce decrees
- Passports
- Government-issued identification
- Proof of lawful immigration status (for the sponsor)
- Financial support documents
- Medical examination results
- Passport-style photographs
How Long Does the Family Visa Process Take?
The amount of time it takes for your green card application to be processed will depend on a variety of factors, including the type of relationship between you and your sponsor, your country of origin, and USCIS backlogs.
Immediate relative visas often move faster because they are not subject to yearly caps. Some applicants receive a decision less than a year after applying.
Family preference visa applications can take much longer to process. Depending on the type you apply for, you may have to wait several years to receive a decision.
Types of Family Visas
There are several different types of family visas available under U.S. immigration law. The category you apply under will depend on your relationship to your sponsoring relative and whether the sponsor is a U.S. citizen or lawful permanent resident.
Immediate Relative Visas
Immediate relative visas are available to close family members of U.S. citizens. These visas are not subject to annual numerical limits, which often makes processing faster.
Immediate relative categories include:
- IR-1 and CR-1 visas for spouses of U.S. citizens
- IR-2 visas for unmarried children under 21 of U.S. citizens
- IR-5 visas for parents of U.S. citizens who are at least 21 years old
Family Preference Visas
Family preference visas are available for more distant family relationships and certain relatives of lawful permanent residents. Only a limited number of these visas are issued each year, which means applicants can be subjected to long waiting periods.
Family preference categories include:
- F1: Unmarried adult children of U.S. citizens
- F2A: Spouses and unmarried children under 21 of lawful permanent residents
- F2B: Unmarried adult children of lawful permanent residents
- F3: Married children of U.S. citizens
- F4: Brothers and sisters of adult U.S. citizens
Fiancé(e) Visas
A K-1 fiancé(e) visa allows a foreign national engaged to a U.S. citizen to enter the United States for marriage. The couple must marry within 90 days of arrival.
After the marriage takes place, the foreign spouse may apply for adjustment of status to obtain a green card.
K-3 and K-4 Visas
K-3 visas are designed for spouses of U.S. citizens who are waiting for immigrant visa processing. K-4 visas are available for the unmarried children under 21 of K-3 applicants.
Talk to an Immigration Lawyer
Preparation is critical when applying for a family visa. If you need to submit an application or sponsor a relative, an immigration attorney from Mendoza Law can assist with your paperwork and help you avoid common mistakes.
Call now to consult an experienced lawyer.