What Are the Options for Family-Based Immigration to the U.S.?

 Posted on April 10,2023 in Immigration

The United States has always been an attractive destination for immigrants who want to share in the American dream. While immigration laws and policies can be complex and confusing, there are many options for family-based immigration to the U.S. In many cases, family members will want to take steps to ensure that they can live near each other, and the United States recognizes this by offering various options for people in other countries to join their loved ones in the U.S. For immigrants who wish to resettle in the United States and family members who plan to sponsor their loved ones for immigration, it is important to understand what types of visas may be available. Options for family-based immigration may include:

Immediate Family Members

Immediate relatives of U.S. citizens have the highest preference when it comes to family-based immigration. These relatives include spouses, unmarried children under the age of 21, and parents (if the U.S. citizen is at least 21 years old). These individuals will be eligible for Immediate Relative (IR) visas, and they can immigrate to the U.S. without being subjected to numerical limitations, meaning there is no cap on the number of visas available to these immigrants.

Family Preference Categories

For family members who are not immediate relatives of U.S. citizens, there are several categories of visas that may be available. U.S. citizens can apply for Family Preference (F) visas for their unmarried sons and daughters over the age of 21, married children of any age, and siblings. Lawful permanent residents of the United States who have valid Green Cards may apply for F visas on behalf of immediate relatives (spouses and unmarried minor children). The number of visas available in these categories is limited, and wait times can vary from several months to several years.

Fiancé(e) Visas

A U.S. citizen who is engaged to a person living in a foreign country may apply for a visa on behalf of their fiancé(e). This type of visa will allow the foreign fiancé(e) to enter the United States, and a couple will have a 90-day window in which they can get married. After becoming legally married, they can then apply for an adjustment of status, and the foreign spouse can become a lawful permanent resident of the United States. To be eligible for this type of visa, the U.S. citizen and the foreign fiancé(e) must have met in person at least once within the two years before filing the visa application.

Diversity Visa Lottery

The Diversity Immigrant Visa Program allows foreign nationals from countries with traditionally low rates of immigration to the U.S. to apply for permanent resident status. The lottery is administered by the U.S. Department of State, and about 55,000 visas are available each year. This option may allow certain immigrants to avoid long wait times until a Family Preference visa becomes available.

Special Categories of Visas

In addition to the types of visas listed above, other visas may be available for immigrants in certain special categories, such as battered spouses and children or victims of crimes. The Violence Against Women Act (VAWA) allows immigrants who have suffered abuse by a qualifying family member to remain in the United States, and they may qualify for a Green Card after a certain amount of time. U visas can provide protection for immigrants who have been affected by criminal activity and are willing to cooperate with law enforcement. The requirements for these visas vary, and immigrants can consult with an immigration attorney to determine their eligibility.

Contact Our DuPage County Family Immigration Attorneys

Family is important, and being separated from your loved ones can be difficult. Fortunately, family-based immigration provides options for families who want to be reunited in the United States. By understanding your options and working with an experienced Itasca family-based immigration lawyer, you can confidently navigate the process and bring your family together. To learn how Unzueta Law Group, P.C. can help you during this process, contact our office at 630-509-2363 and schedule an appointment.

Sources:

https://www.uscis.gov/family/family-of-us-citizens

https://www.usa.gov/sponsor-family-member

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html