Family immigration allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor their close relatives to immigrate to the United States. This process ensures that families can stay together and reunite under U.S. immigration laws. There are two main categories for family-based immigration: Immediate Relative visas and Family Preference visas.

Immediate Relative Visas

Immediate Relative visas are available for close family members of U.S. citizens. The number of visas issued under this category is unlimited, meaning there is no annual cap, which allows these visa applications to be processed more quickly than Family Preference visas. Eligible family members include:

• Spouse of a U.S. citizen.

• Unmarried children under 21 of a U.S. citizen.

• Parents of a U.S. citizen (the U.S. citizen must be at least 21 years old to sponsor a parent).

Family Preference Visas

Family Preference visas are available for more distant relatives of U.S. citizens and certain family members of lawful permanent residents. Unlike Immediate Relative visas, these are subject to annual visa limits, which means there can be long wait times depending on the category and the applicant’s country of origin. The Family Preference categories include:

1. F1 Visa (First Preference): Unmarried sons and daughters (over 21 years old) of U.S. citizens.

2. F2 Visa (Second Preference): Spouses, minor children, and unmarried sons and daughters (over 21 years old) of lawful permanent residents.

3. F3 Visa (Third Preference): Married sons and daughters of U.S. citizens.

4. F4 Visa (Fourth Preference): Brothers and sisters of U.S. citizens (the U.S. citizen must be at least 21 years old to sponsor a sibling).

Eligibility Criteria for Family-Based Immigration

• For U.S. Citizens:

• Can sponsor spouses, children (unmarried and married), parents, and siblings.

• Immediate relatives (spouses, minor children, and parents) have no annual visa limits, which leads to faster processing.

• For Permanent Residents:

• Can sponsor spouses, minor children, and unmarried sons and daughters (21 and older).

• Permanent residents cannot sponsor parents, married children, or siblings.

Application Process

1. File Form I-130 (Petition for Alien Relative): This is the first step in the family immigration process. The U.S. citizen or permanent resident sponsor files this petition with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship with the foreign relative.

2. Wait for Approval and Visa Availability: For Immediate Relative visas, the approval process is quicker because there are no annual visa caps. For Family Preference categories, applicants must wait for visa availability due to the quota system, which can result in delays.

3. Consular Processing or Adjustment of Status:

• Consular Processing: If the foreign relative is outside the U.S., they will complete the immigration process at a U.S. consulate or embassy in their home country.

• Adjustment of Status: If the foreign relative is already in the U.S., they may apply to adjust their status to become a lawful permanent resident (Green Card holder).

Why Choose Sharma Law Associates for Family Immigration Services?

Our dedicated team of professionals at Sharma Law Associates assists families in navigating the complex U.S. immigration system. We provide comprehensive support for:

• Eligibility assessment to determine the best visa option for your family members.

• Preparation of Form I-130 and other required documentation.

• Guidance on gathering evidence to prove your relationship with the sponsored relative.

• Assistance with consular processing or adjustment of status.

• Representation before USCIS and consulates, ensuring that your application is filed accurately and on time.

Our experienced team works closely with you to make the family immigration process as seamless as possible, helping you reunite with your loved ones.

Frequently Asked Questions (FAQs)