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Family-Based Visa

A family-based visa is a type of immigrant visa that allows foreign citizens to immigrate to the United States based on their family relationship with a U.S. citizen or lawful permanent resident (green card holder).   

There are two main categories of family-based visas:   

  1. Immediate Relative Visas:

    • These visas are for close family members of U.S. citizens, such as spouses, unmarried children under 21 years of age, and parents.   

    • There is no numerical limit on the number of visas available each year for immediate relatives.

  1. Family Preference Visas:

    • These visas are for other family members of U.S. citizens and lawful permanent residents, including:

      • Unmarried adult children of U.S. citizens   

      • Married children and their spouses and unmarried children of U.S. citizens   

      • Siblings of U.S. citizens   

      • Spouses and unmarried children of lawful permanent residents   

The number of visas available for family preference categories is limited each year.   

The process of obtaining a family-based visa typically involves the following steps

  1. Petition: A U.S. citizen or lawful permanent resident files a petition with the U.S. Citizenship and Immigration Services (USCIS) to sponsor their family member.   

  2. Visa Application: Once the petition is approved, the foreign national can apply for an immigrant visa at a U.S. embassy or consulate.

  3. Visa Interview:The foreign national attends a visa interview at the U.S. embassy or consulate.   

  4. Visa Issuance: If the visa is approved, it is issued to the foreign national.

Frequently Asked Questions

A family-based visa is an immigrant visa that allows foreign citizens to immigrate to the United States based on their family relationship with a U.S. citizen or lawful permanent resident.

Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, are eligible for immediate relative visas. Other family members, such as adult children, siblings, and spouses of lawful permanent residents, may be eligible for family preference visas, but there are numerical limits on these visas.

The process typically involves the following steps:

  1. Petition filing by a U.S. citizen or lawful permanent resident.

  2. Visa application by the foreign national.

  3. Visa interview at a U.S. embassy or consulate.

  4. Visa issuance (if approved).

The processing time for family-based visas can vary significantly depending on various factors, including the specific category, the country of origin, and current processing times at USCIS. It's important to check the latest processing times on the USCIS website.

The specific documents required may vary depending on the individual case, but generally include:

  • Birth certificates

  • Marriage certificates

  • Passports

  • Photos

  • Police clearance certificates

  • Medical examination results

  • Financial documents (if applicable)

It's important to consult with an immigration attorney to ensure you have all the necessary documents.

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