Navigating complicated immigration laws can be confusing and intimidating. If you are interested in petitioning for a family member I strongly urge you to meet with an immigration attorney first to discuss your options and gain an understanding of the process. Below I have listed some basic information regarding eligible family sponsorship; the information below does not mean those eligible will be granted a visa, the information provided is only meant to serve as a starting point for those interested in this manner of immigrating.
Family based immigrant visas are divided into two categories- immediate relatives and family preference categories. Eligibility in these categories depends on whether the petitioning family member is a U.S. citizen or Legal Permanent Resident (LPR).
I. Immediate Relative Immigrant Visas: These visa types are based on a close family relationship with a U.S. citizen described as an Immediate Relative (IR).
The number of immigrants in these categories is not limited each fiscal year.
Immediate relative visa types include;
- IR-1: Spouse of a U.S. Citizen
- IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
- IR-3: Orphan adopted abroad by a U.S. Citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
II. Family Preference Immigrant Visas: These visa types are for specific, more distant, family relationships with a U.S. citizen and certain specified relationships with a LPR.
There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category.
The family preference categories are;
- Family First Preference (F1): Unmarried sons and daughters (age 21 and over) of U.S. citizens, and their minor children, if any. (23,400)
- Family Second Preference (F2): This category is broken down into two subcategories. (114,200)
- (A): Spouses and Children of LPRs
- (B): Unmarried Sons and Daughters (21 years of age or older) of LPRs
- Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
- Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)
Presently there are NO relative sponsored visas available for: grandparents, aunts, uncles, in-laws or cousins.
When the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. For example, if in year 2009 USCIS received 50,000 F1 petitions. The first 23,400 approved petitions will be given a visa and the remaining 26,600 will be placed on a “wait list.” Those petitions on the “wait list” are given a priority date which placed the petitions in chronological order. Once the priority date is current the immigrant visa will be issued. Unfortunately in certain categories there are many more approved petitions compared to available visas, and the waiting period is several years.
In some cases a family member files a petition for a spouse and/or minor children when they were a LPR, and then they naturalize to become a U.S. citizen. These people will want to upgrade their petitions from the F2 category to the IR category. This will bump the eligible family to a category where there is no “wait time” or yearly limit.
If you have questions regarding your ability to sponsor a family member, your family member’s eligibility, current wait times for family members, or upgrading your family member’s current petition please contact an immigration attorney today.