Reuniting with family members is a top priority for many immigrants in the United States. Family-based visas allow U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for immigration. At Central Justice, we understand how important it is to bring your loved ones to the U.S. and help you navigate the family-based visa process with care and efficiency.

What Are Family-Based Visas?

Family-based visas are divided into two main categories: Immediate Relative Visas and Family Preference Visas. Both categories allow eligible family members to come to the United States, but the requirements, processing times, and availability differ between the two.

Understanding the differences between these visa categories is essential to determine the best path for your family member’s immigration.

Immediate Relative Visas

Immediate Relative Visas are available for the closest family members of U.S. citizens. These visas have no annual cap, meaning there is no limit on the number of visas issued each year, which often results in faster processing times. The following relatives of U.S. citizens are eligible for immediate relative visas:

  • Spouses: A U.S. citizen’s spouse can apply for an immediate relative visa to join their partner in the U.S.
  • Unmarried Children (Under 21 Years Old): U.S. citizens can sponsor their unmarried children under 21 years of age for immigration.
  • Parents: U.S. citizens who are at least 21 years old can sponsor their parents for immigration under the immediate relative visa category.

One key advantage of immediate relative visas is that there are no waiting periods or quotas. As long as the petition is approved and the applicant meets the eligibility criteria, they can begin the visa process without having to wait for a visa to become available.

Family Preference Visas

Family Preference Visas are for more distant relatives of U.S. citizens and lawful permanent residents (green card holders). Unlike immediate relative visas, family preference visas are subject to annual caps, meaning only a limited number of these visas are issued each year. This can lead to long waiting periods, especially for specific categories. The family preference visa categories are as follows:

  • F1 (First Preference): Unmarried sons and daughters (21 years or older) of U.S. citizens.
  • F2A (Second Preference): Spouses and unmarried children (under 21) of lawful permanent residents.
  • F2B (Second Preference): Unmarried sons and daughters (21 years or older) of lawful permanent residents.
  • F3 (Third Preference): Married sons and daughters of U.S. citizens.
  • F4 (Fourth Preference): Brothers and sisters of U.S. citizens, provided the U.S. citizen is at least 21 years old.

Each of these categories has different waiting times, depending on the demand and the applicant’s country of origin. The process can take several months to many years, particularly for relatives in the lower preference categories, as visa availability is limited each year.

The Family-Based Visa Application Process

Applying for a family-based visa involves several steps, and it’s important to follow the process carefully to avoid delays or denials. Here’s an overview of the general application process:

  • Filing a Petition: The U.S. citizen or lawful permanent resident must first file a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to establish the family relationship. This form includes supporting documents that prove the relationship, such as marriage certificates, birth certificates, or adoption papers.
  • Approval of the Petition: Once the petition is filed, USCIS will review it and either approve or deny the request. If approved, the petition is forwarded to the National Visa Center (NVC) for further processing.
  • Visa Availability: For immediate relatives, the visa is immediately available once the petition is approved. For family preference visas, the applicant must wait for a visa number to become available based on their category and country of origin.
  • Visa Application: After the petition is approved and a visa becomes available (for family preference categories), the applicant can begin the visa application process. This involves submitting additional forms, paying fees, and providing more documentation, such as police records and medical exams.
  • Consular Interview: The applicant will attend a visa interview at a U.S. embassy or consulate in their home country. During this interview, a consular officer will review the application and ask questions to verify the case details.
  • Visa Issuance: If the consular officer approves the application, the family member will be issued a visa, allowing them to travel to the U.S. Once in the country, they will receive their green card, granting them permanent resident status.

When is a Family-Based Visa a Good Option?

Family-based visas are the most common way for individuals to immigrate to the U.S. If you are a U.S. citizen or green card holder and want to bring close family members to live with you in the U.S., this is likely the best option.

These visas are ideal for:

  • Reuniting with immediate family members: Faster processing times can benefit spouses, children, and parents of U.S. citizens.
  • Helping relatives secure permanent residency: Green card holders can sponsor their spouse or children, though the process may take longer due to visa caps.
  • Planning for future immigration: Family preference visas allow more distant relatives to apply, though they may face longer wait times.

How Central Justice Can Help

The family-based visa process can be complex, especially with changing immigration laws and regulations. At Central Justice, we are here to guide you through every step, from filing the initial petition to preparing for consular interviews. Our experienced attorneys have helped countless families reunite and achieve their immigration goals.

If you’re looking to sponsor a family member for a visa, contact Central Justice today. We’re committed to helping families in Orlando and beyond understand the immigration process and bring their loved ones together. Let us help you secure your family’s future in the United States.