Family-based visas help families stay together by allowing U.S. citizens and lawful permanent residents (LPRs) tosponsor their relatives for immigration. Whether you’re applying as a petitioner or a beneficiary, understanding the process is key to a successful application. Here’s what you need to know:
Determine Eligibility
These are the two main types of family-based visas:
- Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens.
- Family Preference Categories: Extended family members like siblings, married children, and relatives of LPRs.
The type of relationship determines the category and affects processing times.
File Form I-130: Petition for Alien Relative
The process begins when the U.S. citizen or LPR files Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form will establish the qualifying relationship between the petitioner and the beneficiary. Along with the form, you’ll need to submit evidence of your relationship, such as a marriage certificate, birth certificate, or adoption papers.
Wait for Approval and Visa Availability
Once USCIS approves the I-130 petition, it is sent to the National Visa Center (NVC). Immediate relatives do not face waiting periods, but family preference categories could have to wait for a visa to become available due to annual caps. Check the Visa Bulletin for current wait times.
Complete Consular Processing or Adjustment of Status
If the beneficiary is outside the U.S., they will undergo consular processing at a U.S. embassy or consulate. If the beneficiary is already in the U.S., they may file Form I-485 to adjust their status to lawful permanent resident. Both processes include background checks, medical examinations, and an interview.
Attend the Visa Interview
The final step is an interview, in which a consular officer or USCIS officer reviews the case. Be prepared with required documentation, including financial sponsorship forms, identification, and proof of your relationship.
Navigating the family-based visa process can be complex, but with careful preparation, you can achieve your immigration goals. Understanding the steps, eligibility, and requirements is essential for a successful application.
Need help with your family-based visa? Contact our office for expert guidance and personalized support.
