US IMMIGRATION: immigrant visa for family members

Family members of US citizens and lawful permanent residents.

Family member immigrant visa applications. Immigration of family members to the United States is based on a relationship to a US citizen or legal permanent resident.

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family member immigration falls under two basic categories: unlimited and limited.

Unlimited family member.

  1. Immediate relatives of U.S. citizens : The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
  2. Returning permanent residents : Immigrants who lived in the United States previously as lawful permanent residents-green card holders, and are returning to live in the U.S. after a temporary visit of more than one year abroad.

Limited family member.

  1. Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.
  2. Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
  3. Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
  4. Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.

Family member immigrant visa applications.

Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship must obtain a Form I-130, Immigrant Petition for Relative, from the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). The petitioning U.S. citizen or legal permanent resident must submit the Form I-130 to the BCIS office. Once BCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. BCIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.

Immigrant visa ineligibility.

The immigration laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship.

Documents for a visa application.

The petitioner/sponsor must provide an Affidavit of Support, Form I-864. All Applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed.

Medical Examinations.

Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant, in addition to the visa fees.

Visa Fees.

The cost of each immigrant visa application processing fee (per person) is (US) $335. Fees must be paid for each intending immigrant regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. The INS charges additional fees for filing petitions.

Immigrant visas will be issued in the chronological order in which the petitions were filed.

Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.


Immigration

Immigrant visas for family members of US citizens and lawful permanent residents
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This web site does not provide legal advice. The information contained herein is generalized and should not be used to replace legal advice for specific immigration cases.
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