Family-Based Immigration

Family-based immigration allows individuals to become U.S. permanent residents through family relationships. A U.S. citizen or lawful permanent resident (LPR) can sponsor relatives but must meet certain age and relationship criteria to qualify as a sponsor.

Immediate Relative Visas: These visas are available for direct relations of U.S. citizens, including:

• IR-1: Spouse of a U.S. Citizen
• IR-2: Unmarried children under 21 of a U.S. Citizen
• IR-3: Orphans adopted abroad by a U.S. Citizen
• IR-4: Orphans to be adopted in the U.S. by a U.S. Citizen
• IR-5: Parents of a U.S. Citizen who is at least 21 years old

Family Preference Visas: These visas are designated for specific relatives of U.S. citizens and LPRs and have annual caps:

• F1 – First Preference: Unmarried adult sons and daughters of U.S. citizens
• F2 – Second Preference: Spouses and unmarried children (minor and adult) of LPRs
• F3 – Third Preference: Married sons and daughters of U.S. citizens
• F4 – Fourth Preference: Brothers and sisters of adult U.S. citizens

Application and Petition Process

To sponsor a family member, you’ll need to file a petition with U.S. Citizenship and Immigration Services (USCIS), followed by processing at the National Visa Center (NVC). Applicants must submit required fees, complete visa application forms, provide civil documents, and an Affidavit of Support.

Special Cases in Family Immigration

Same-Sex Couples: Following the Supreme Court’s decision to strike down the Defense of Marriage Act (DOMA) in 2013 (read more about here), legally married same-sex couples can obtain immigration benefits similar to opposite-sex couples.

Refugees and Asylees: Family members who entered the U.S. as refugees or have been granted asylee status may help their close family members enter the U.S. Derivative status is available to spouses and children under 21, provided the refugee or asylee has been in the country for no more than two years.

Comprehensive Legal Services for Family Immigration

Visas and Status Adjustments:

• K-1 Fiancé(e) and K-3 Marriage Visas: For engaged couples and spouses of U.S. citizens awaiting immigration processing.
• Adjustment of Status: For family members already in the U.S. seeking to adjust their status to lawful permanent resident.
• Consular Processing: For family members abroad, facilitating visa interviews and entry into the U.S.

Additional Support:

• Appeals: Assistance with appealing denied applications.
• Special Cases: Guidance for families of refugees and asylees, battered spouses, and students.