One important way that people can reunite with their loved ones who are citizens or lawful permanent residents of the United States is through family visa USA.
Eligible relatives may enter the country through the family visa program to get a green card or become legal residents.
Let’s explore the requirements for eligibility to obtain a family visa USA.
Who is eligible for family visa USA?
- Immediate Relatives vs. Family Preference Categories
Immediate relatives and family preference categories are the two main categories under which family members can apply for a visa.
1. Immediate Relatives
Immediate relatives include,
- Spouses of U.S. citizens
- Unmarried children under 21 years of age of U.S. citizens
- Parents of U.S. citizens (if the citizen is 21 years or older)
- Immediate relatives enjoy certain advantages, such as not being subject to annual visa quotas.
1. Family Preference Categories
Family preference categories include,
- First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children (if any)
- Second Preference (F2A): Spouses and unmarried children (under 21) of lawful permanent residents
- Second Preference (F2B): Unmarried sons and daughters (21 years or older) of lawful permanent residents
- Third Preference (F3): Married sons and daughters of U.S. citizens, along with their spouses and minor children
- Fourth Preference (F4): Siblings of adult U.S. citizens, along with their spouses and minor children
Eligibility Criteria
The petitioner, a citizen or lawful permanent resident of the United States, and the beneficiary, a family member requesting a visa, must fulfill specific requirements in order to be eligible for a family visa USA.
- Relationship
The petitioner must have a qualifying relationship with the beneficiary.
- Financial Support
The petitioner must show the ability to financially support the beneficiary.
- Legal Status
Both the petitioner and beneficiary must have legal status, with the petitioner being either a U.S. citizen or a lawful permanent resident.
- Intent
Both parties must understand to establish a bona fide family relationship and not engage in fraudulent activities.
Read: What is not allowed for a US visa interview?
Application Process
The application process for a family visa involves several steps
- File Petition
The petitioner must file Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS).
- Priority Date
Once the petition is approved, a priority date is established based on the filing date.
- Visa Bulletin
The Department of State’s Visa Bulletin states that the beneficiary has to wait for their priority date to become current.
- Consular Processing or Adjustment of Status
The beneficiary may adjust their status within the United States by completing Form I-485 (Application to Register Permanent Residence or Adjust Status), or they may go through consular processing at a U.S. embassy or consulate abroad, depending on their location and immigration status.
Additional Considerations
1. Quotas
- Annual visa quotas apply to family preference categories, which may mean waiting periods for specific family members.
2. Age-Out Protection
- In the event that a beneficiary turns 21 before their visa becomes available, special provisions are in place to prevent them from “aging out”.
3. Conditional Residence
- In some cases, such as marriages less than two years old at the time of entry, conditional residence may be granted initially.
Bottom Line
Family unity and ties are important and maintained in the United States through family-based immigration.
Eligible family members can start a new chapter in their lives in the USA and reunite with their loved ones by understanding the eligibility requirements and navigating the application process for family visa USA.
Getting advice from immigration specialists can speed up the process and guarantee adherence to immigration laws, regardless of whether you are an immediate relative or fit into a preference category.
1 thought on “Who is Eligible for Family Visa USA?”