The family-based immigration category allows U.S. citizens and lawful permanent residents called LPR's to bring certain family members to the United States. There are 480,000 family-based visas available every year. Family-based immigrants are admitted to the U.S. either as immediate relatives of U.S. citizens or through the family preference system.
There is no numerical limit on visas available for immediate relatives, but petitioners must meet certain age and financial requirements. There are a limited number of visas available every year under the family preference system, and petitioners must meet certain age and financial requirements.
Family Based Visas I-130 Petition
An I-130 is a Petition for Alien Relative and it applies to mothers, fathers, sisters, brothers, and children. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and they are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States.
- First Preference: Unmarried, adult sons and daughters of U.S citizens. Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents and theunmarried sons and daughters of lawful permanent residents.
- Third Preference: Married sons and daughters of U.S. citizens
- Fourth Preference:Brothers and sisters of adult U.S. citizens.
This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé(e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed. The marriage must take place within 90 days of entry into the United States.
How can The Shulman Law Group help you?
The immigration lawyers of The Shulman Law Group have helped thousands of fathers, daughters, mothers, son, fiancés and other relatives enter the United States with either an immigrant or non-immigrant visa. An experienced attorney can guide you through the many options that are available, and make certain that the paperwork is all in order so the petition is granted.