Types of Family-Based Visas

Family-based visas are one of the types of US Immigration Visa. Family-based visas are designed for individuals wishing to reunite with their U.S. citizen or Green Card holder family members in the United States.

They also serve those seeking to relocate to the United States to embark on a new life with their family.

By getting one of these visas, a non-citizen person becomes a lawful permanent resident of the United States or a Green Card holder.

Types of Family-Based Visas

Family-based visas are available based on their relationship with a U.S. citizen or Green Card holder.

Immediate Relatives Visa Types:

• IR-1: This visa is for the Spouse of a U.S. Citizen.
• IR-2: Under 21 years old, unmarried child of a U.S. Citizen
• IR-3: This Visa is for the legally adopted child in a foreign country by a U.S. Citizen
• IR-4: IR-3: This Visa is for the legally adopted child in the U.S. by a U.S. citizen
• Immediate Relatives Visas have no annual limits and receive priority in processing.

Family Preference Visa Types:

• F1: F1 visas are for the unmarried sons and daughters of US citizens and their minor children.
• F2: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: This category is divided into two subcategories:

1. F2A: Spouses and unmarried children (under 21) of LPRs.
2. F2B: Unmarried sons and daughters (21 years of age or older) of LPRs.

• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens
• F5A: Parents of LPRs

Preference visas are subject to numerical limitations, and the demand often exceeds the available slots.

Special Cases Visa Types:

• K-1 Fiancé(e) Visa: Allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. to marry within 90 days.
• K-3/K-4 Visa: For spouse and children of a K-1 visa holder.
• VAWA Visa: For victims of domestic violence, crime, or human trafficking.

How to Apply for Family-Based Visas?

Family-based visas require sponsorship from a qualified U.S. citizen or Green Card holder.

The petitioner files a petition on behalf of the applicant, demonstrating their financial ability to support the applicant and fulfilling any specific income requirements.

After petition approval, the applicant undergoes visa processing abroad, including interviews and health checks.

Below are the brief details about How to Apply for Family-Based Visas.

File the petition

U.S citizens or Legal Permanent Residents must file the petition for the family member at USCIS. They must send in Form I-130 or the Petition for Alien Relative.

The USCIS examines or evaluates the petition and decides to approve or deny it. The case will go to the National Visa Center (NVC) if approved.

The moment when the case is being processed, the NVC will send a package to the applicant that contains the instructions for application.

This means that the applicant already has the priority date. The NVC will also assign the applicant a case number and invoice ID.

File Form DS-260

When the applicant receives the instructions, they can apply for a US visa. They will complete the Form DS-260 or the Online Immigrant Visa Application online and later receive the confirmation letter.

Complete medical exam and vaccination

The U.S. requires those who want to immigrate to the U.S. to have medical examinations and vaccinations.

The applicant must go to the licensed doctor to complete the requirements and have it documented.

Required Documents for Family US Visas

Applicants must gather essential supporting documents, including but not limited to:

• Passport: A valid passport for each applicant.
• Birth Certificates: Original birth certificates for the applicant and accompanying family members.
• Marriage Certificates: If applicable, provide original marriage certificates.
• Police Certificates: Obtain police certificates from all countries resided in since age 16.
• Affidavit of Support: Submit Form I-864, Affidavit of Support, to demonstrate financial capability.
• Photos: Passport-sized photos meeting specific requirements.
• Proof of Relationship: Documents proving the familial relationship with the U.S. petitioner.

Ensure all documents are accurately translated into English if they are in a different language. Submit this comprehensive file to the National Visa Center (NVC) as instructed.

Please Note: The required documents can vary based on the family-based US visa category.

Applicants should carefully review the guidelines provided by the National Visa Center (NVC) or the U.S. embassy/consulate handling their case to ensure they submit the correct documents for their particular visa type.

The list above provides a general overview, and applicants should refer to the official instructions for their specific visa category to avoid any complications in the application process.

Attend Visa Interview

After document submission, the applicant will be scheduled for a visa interview at the U.S. embassy or consulate.

During the interview, the consular officer will assess the eligibility and intentions of the applicant.

Receive Visa and Travel to the U.S.

If the visa is approved, the applicant will receive the visa stamped in their passport. They can then travel to the U.S. and undergo inspection at a port of entry.

Receive Permanent Resident Card

Upon arrival in the U.S., the applicant will receive a permanent resident (green) card via mail. This card serves as proof of lawful permanent residence.

Requirements for Family Immigration

The outlined qualifications for family immigration categories (F-1, F-2A, F-2B, F-3, F-4) provide a clear overview of the requirements for sponsoring family members to the United States.

Below is a summarized breakdown of the qualifications for each category:

F-1 US Visa

• U.S. citizen sponsors must prove the relationship through birth or adoption certificates.
• U.S. citizen sponsors must have a valid U.S. address.
• To establish the relationship, sons and daughters must provide birth or adoption certificates for their minor children (under 21).
• Sons and daughters must be unmarried.

F-2A US Visa

• Lawful Permanent Resident (LPR) sponsor must be 18 years old.
• LPR sponsor must have a valid U.S. address.
• LPR’s children must be under 21 years old and unmarried.
• LPR sponsor must provide valid birth or adoption certificates to prove the relationship.

F-2B US Visa

• LPR sponsor must prove the relationship through a valid birth or adoption certificate.
• LPR sponsor must have a valid U.S. address.
• The adult child must be over 21 years old and unmarried.

F-3 US Visa

• U.S. citizen sponsors must prove the relationship through a valid birth or adoption certificate.
• U.S. citizen sponsors must have a valid U.S. address.
• U.S. citizen’s child must be over 21 years old.
• A marriage certificate is required for the U.S. citizen’s child to prove marital status.
• U.S. citizen’s child with minor children must provide valid birth or adoption certificates to establish the relationship.

F-4 US Visa

• U.S. citizen sponsors must be at least 21 years old.
• U.S. citizen sponsors must have a valid U.S. address.
• Valid birth or adoption certificates are required to prove the relationship with siblings.
• Siblings with minor children must provide valid birth or adoption certificates for their children.
• Married siblings must present a valid marriage certificate to establish the relationship.

What are the Fees For Family-Based Visas?

It’s essential to check the most recent fee schedule on the official website of the U.S.

Department of State (travel.state.gov) or the U.S. embassy or consulate website where the application will be processed.

Generally, the fees involved in the Family-Based Visas process may include:

Filing Petition (Form I-130) Fee

• U.S. citizens filing for their immediate relatives may need to pay a  $535 fee for submitting Form I-130, Petition for Alien Relative.

National Visa Center (NVC) Processing Fee

• After the USCIS approves the petition, the case is forwarded to the NVC. The NVC may charge a $230 processing fee for handling the case.

Visa Application Fee (Form DS-260)

• Applicants typically must pay a visa application fee when submitting Form DS-260, the Online Immigrant Visa Application.

Medical Examination and Vaccination Costs

• Applicants are responsible for the costs associated with the required medical examination and vaccinations.

Affidavit of Support Fee (Form I-864)

• The U.S. petitioner must submit Form I-864, Affidavit of Support. While there is no fee for the form, the petitioner must meet certain financial requirements to sponsor the immigrant.

Miscellaneous Fees

• Additional fees for services such as document translation, photocopying, and other administrative costs may exist depending on the specific circumstances and visa category.

What is the Processing Time for Family-Based Visas?

Family-Based Visas have varying processing times, ranging from a few months to several years.

Visas like F-2B, F-3, and F-4 can take 7 to 10 years due to high demand.

Processing time depends on the visa type and the applicant’s priority date, with earlier applications generally processed faster.

Applicants should check the Visa Bulletin for updates on processing status and be aware of potential changes in immigration policies.

It’s important to note that these are general requirements, and specific details for Family-Based Visas may vary based on individual circumstances and changes in immigration regulations.

Applicants should always refer to the latest official guidelines and instructions provided by the U.S. government for accurate and up-to-date information (Source: uscis.gov)