Family-Based Visas

The purpose of Family-Based immigration is to aid the reunification of temporarily divided families. So, under the Federal Immigration laws, United States Citizens (USC) or Lawful Permanent Residents (LPR) who are 21 years or older can petition for certain family members abroad to come to the United States. U.S. Citizens and LPR petitioners residing in the U.S. will need to file Form I-130, Petition for Alien Relatives, with the United States Citizenship and Immigration Services (USCIS). From there, it is up to the USCIS to approve the case before you can proceed.

There are two (2) categories of Family-Based Immigrant Visas (IV):

• Immediate Relatives

  Visas for close family members of U.S. Citizens, such as spouse, children, or parents.

• Family Preference

  Visas for specific, more distant family members of a U.S. Citizen or LPR.

Immigrant visas for immediate relatives are not limited each fiscal year, while the family preference immigrant visas do have a numerical limit of how many can be issued each year.

Five (5) Preferences Categories for Family-Based Immigration:

1. Relatives of Green Card holders (Child or spouse)

2. Unmarried sons and daughters of Green Card holders

3. Unmarried sons and daughters of U.S. Citizens

4. Married sons and daughters of U.S. Citizens

5. Brothers or Sisters of U.S. Citizens

U.S. Citizens can apply for visas for any of the above relatives (spouse, children, parents, and/or siblings), while a LPR can only file an immigrant petition for their spouse or unmarried children, under the age of 21 years old.

Fiance Visas

Visas for someone engaged to a U.S. Citizen or LPR are handled under a different Non-Immigrant visa category, known as the “Fiancé Visa.” If you are interested in bringing your Fiancé/Fiancée to the U.S., you can file a Fiancé Petition and then apply for a visa with the U.S. Consulate in your fiancé’s home country. You must then marry within 90-days of your fiancé coming to the U.S. and filing a Petition and Application for a permanent visa.

The Messer Law Group, LLC can provide you more specific information about the “Fiancé Visa,” or any other family-based visa petition, whether you intend to sponsor your spouse or another relative. Our principal attorney has already gone through this process on a personal level. As a result, you can trust that we have your best interests in mind and can empathize with your situation.