Requirements for Family-Based Visas
About Adjustment of Status
New York Immigration Attorney
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.
What are Family-Based Visas?
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.
Who is Eligible for Sponsorship?
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).
Lawful Permanent Residents (Green Card Holders)
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).
General Requirements for Family-Based Visas
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.
Specific Requirements for Different Categories
Spouse of U.S. Citizen or Legal Permanent Resident:
Must provide evidence of a valid marriage.
Child of U.S. Citizen or Legal Permanent Resident:
Must provide evidence of the parent-child relationship and meet age requirements.
Parent of U.S. Citizen:
The U.S. citizen petitioner must be at least 21 years old.
Sibling of U.S. Citizen:
The U.S. citizen petitioner must be at least 21 years old, and the sibling must be unmarried.
About Adjustment of Status
Additional Considerations
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.
About Adjustment of Status
How Cohen Immigration Law Group Can Help
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.
Why Clients Trust Us
Trusted by Immigrants.
Respected by the System.
I cannot say enough good things about Cohen Immigration Law. Very professional and extremely thorough. Daniel Levy was very prompt with setting things up. Sarah has the patience of an angel. She was very easy to work with and very efficient at her job. I would highly recommend Cohen Immigration Law.
– D. Ragnone
I came for a second opinion on my asylum claim. Raisa told me the potential problems that could be raised by the dhs about my military service. Super helpful.
– Anonymous
I had a phenomenal experience with Attorney Raisa Cohen. I was facing removal proceedings and didn’t know where to turn. My prior attorney was disbarred, and I went to Attorney Raisa Cohen for help. She took on my case and fought hard for me. Her courtroom skills and legal strategy were incredible. I’ll always be tremendously grateful for her help and highly recommend!
– Rosemary
My case manager Diane Mahko and attorney Daniel Levy were great to work with. Diane, especially, was amazing. She made the process simple, provided excellent directions on what paperwork was needed, how to obtain it, and was always timely in replying to questions. If I need any assistance with Canadian immigration in the future they will be my first call.
– Tanya B.
I had an amazing experience working with the Cohen Immigration Law Group. Raisa Cohen was professional, knowledgeable, and truly cared about my case. Thanks to her guidance and support, the entire immigration process went smoothly. I highly recommend her to anyone in need of an immigration attorney!
– Anonymous
I had an amazing experience working with the Cohen Immigration Law Group. Raisa Cohen was professional, knowledgeable, and truly cared about my case. Thanks to her guidance and support, the entire immigration process went smoothly. I highly recommend her to anyone in need of an immigration attorney!
– Anonymous
I called Cohen Law for some advice and was genuinely impressed by how kind and helpful they were. I explained my situation and let them know I couldn’t afford to hire a lawyer, and despite that, I was given thoughtful, honest, and very helpful advice. I truly appreciated the time and care they showed me. Highly recommend them for anyone needing legal guidance!
– Jess Lynlopez
Raisa Cohen is a fantastic immigration lawyer whom I had the pleasure to do a consultation with. Her knowledge as a former immigration judge truly helped me out in my situation and I would highly recommend her services!
– Anonymous
I had the pleasure of speaking with Raisa Cohen, and she provided me with clear and valuable legal guidance. She patiently clarified important points, laid out a clear roadmap for me, and summarized everything in a way that was easy to understand. Her professionalism and dedication were truly impressive. I highly recommend her to anyone seeking reliable legal advice.
– Sayed
I must say, they made easier than I expected, very fast response times, clear guidance and affordable. Victoria (citizenship) and Tereza (passport) were very professional and polite, again this was easier than obtaining documents from the USA DMV. Use Cohen if you want knowledgeable professionals! Thanks again
– Ronald Craig
Justice
Starts Here
Justice Starts Here
Every case is unique. Let’s talk about yours—with clarity, care, and honest answers.
Call Us Now
A Future You Deserve
START YOUR CASE REVIEW
🔒 100% Confidential. We treat your case with care and clarity.