Family-Based Immigrant Visas
Under the Immigration and Nationality Act, U.S. citizens and lawful permanent residents (green card holders) may sponsor certain family members for lawful permanent residence.
There are two main groups of family-based immigrant visas:
- Immediate Relative (IR) visas
- Family Preference visas
Immediate Relative (IR) Visas
Immediate relative visas are for certain close relatives of U.S. citizens. There is no annual limit on these visas, so there is generally no wait for a visa number once the petition is approved. Processing time is mainly the time it takes USCIS and the consulate (or USCIS, in adjustment of status cases) to decide the case.
Qualifying relationships include:
- Spouse of a U.S. citizen
- Unmarried child under 21 of a U.S. citizen
- Parent of a U.S. citizen (if the U.S. citizen is at least 21)
- Certain widows and widowers of U.S. citizens
- Stepchildren of U.S. citizens, if the marriage creating the step-relationship occurred before the child turned 18
Family Preference Visas
Family Preference categories cover more extended family relationships and are subject to strict annual limits. Even after approval of the I-130 petition, the relative often must wait for a visa number to become available.
The Department of State’s monthly Visa Bulletin shows when visas are available based on the applicant’s priority date and country of chargeability. (See our Client Resources page for a link.)
Family Preference categories include:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens
- F2: Spouses and unmarried children of lawful permanent residents
- F2A: Spouses and unmarried children under 21 of permanent residents
- F2B: Unmarried sons and daughters (21 or older) of permanent residents
- F3: Married sons and daughters of U.S. citizens
- F4: Brothers and sisters of U.S. citizens (where the U.S. citizen is at least 21)
Cuban Adjustment Act
The Cuban Adjustment Act offers a special path to permanent residence for eligible Cuban nationals and certain family members.
In general, applicants must:
- Be a native or citizen of Cuba, or an eligible family member of such a person
- Be physically present in the United States
- Have been admitted or paroled into the United States by an immigration officer
- Meet all other statutory and regulatory requirements
Certain non-Cuban family members, such as a spouse or unmarried children under 21, may also qualify if they meet the qualifying relationship and eligibility requirements.
Our firm assists with all aspects of family-based immigration, including Immediate Relative and Family Preference petitions and cases under the Cuban Adjustment Act. We guide clients through each step, from strategy and filing to final decision.
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