Navigating the U.S. immigration system can be complex, especially when it comes to family-based visas. At Cohen Immigration Law Group, our experienced immigration lawyers can help you understand the requirements and guide you through the process of bringing your loved ones to the United States.
Family-based visas allow U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for immigration to the United States. 1 These visas are a cornerstone of U.S. immigration policy, recognizing the importance of family unity.
Spouses, Unmarried Children (Under 21): Immediate relative category, which means there is no limit on the number of visas available each fiscal year.
Unmarried Adult Children (21 and over): Fall under the first preference category (F1), which has a cap on the number of visas available annually.
Married Children (of any age): Fall under the third preference category (F3).
Parents: Can be sponsored if the U.S. citizen is 21 years of age or older.
Siblings: Fall under the fourth preference category (F4).
Spouses and Unmarried Children (Under 21): Fall under the second preference category (F2A), which allows a limited number of visas available each fiscal year.
Unmarried Adult Children (21 and over): Fall under the second preference category (F2B).
While specific requirements vary depending on the category of family-based visa, some general requirements apply to most cases:
Valid Relationship: You must prove a genuine and legally valid relationship with the family member you are sponsoring.
Financial Capacity: The U.S. sponsor must demonstrate sufficient financial resources to support their family member and prevent them from becoming a public charge. This typically involves meeting minimum income requirements and submitting an Affidavit of Support.
Age and Marital Status: Age and marital status requirements vary depending on the visa category. For example, adult children must be unmarried to be eligible for sponsorship by their parents.
Admissibility: The family member being sponsored must be admissible to the United States. This means they must not have any criminal convictions, immigration violations, or other grounds of inadmissibility that would bar them from entering the country.
Must provide evidence of a valid marriage.
Must provide evidence of the parent-child relationship and meet age requirements.
The U.S. citizen petitioner must be at least 21 years old.
The U.S. citizen petitioner must be at least 21 years old, and the sibling must be unmarried.
Visa Backlogs: There are often long waiting periods for certain family-based visa categories due to annual numerical limits.
Consular Processing: If the family member is outside the United States, they will need to undergo consular processing at a U.S. embassy or consulate in their home country.
Adjustment of Status: If the family member is already in the U.S. legally, they may be eligible to adjust their status to a green card without leaving the country.
Navigating the complexities of family-based visa requirements can be challenging. Our experienced immigration lawyers can provide invaluable assistance by:
Assessing your eligibility: We carefully review your case to determine if you and your family member meet the requirements and identify any potential challenges.
Preparing and filing the petition: We ensure your petition is complete, accurate, and supported by strong evidence.
Guiding you through the process: We provide step-by-step guidance and keep you informed throughout the entire process.
Addressing potential issues: We proactively address any concerns, such as inadmissibility grounds or financial requirements, to minimize delays and maximize your chances of success.
Representing you throughout the process: We provide comprehensive representation, including preparing you for consular interviews and Adjustment of Status applications.
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