Under the Immigration and Nationality Act, immediate relatives are able to become permanent and lawful residents in the U.S. with the help of their U.S. citizen and green-card holding family members. There are a number of family-based immigration visas available to you, since our lawyers at Family Visa specialize in family immigration, we can help you determine which one you qualify under. Contact us today to learn more about the family immigration process.
Types of Family-Based Immigration Visas
In the United States, family-based immigration falls into two categories: immediate family and family preference. Spouses, parents, and unmarried children under the age of 21 of U.S. citizens are considered immediate relatives while all other qualifying relatives fall into the family preference category. For more information on immediate family visas, click here.
There are an unlimited number of immigration visas available for immediate relatives of U.S. citizens, while each resident has a limited number of family preference visas. Due to a cap on the total number of family preference visas granted each year, there is typically a large backlog and long wait time for these types of immigrant visas.
The family preference category is further broken down into four priority levels and processed based on:
- First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
- Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
- Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
- Third preference (F3) – married sons and daughters of U.S. citizens; and
- Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
The number and priority are set in the The Immigration and Nationality Act (INA) section §1153. Allocation of immigrant visas.
Accordion to the act:
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens
Qualified immigrants-
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens
Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
Cases We Handle in Michigan
Our immigration attorneys are ready to assist you in your case. We handle the following cases:
- Green Cards
- Fiancé Visas
- Work Visas
- U Visa
- Business Immigration
- ICE Holds/ICE Detainer
- Immigration Waivers
- Removal Defense
- US Citizenship & Naturalization
How an Immigration Attorney Can Help
The immigration process can be lengthy and incredibly complex. Especially in cases involving family preference visas, where the wait time can be very long, the last thing you want is to find out that the application wasn’t filled out correctly or your loved one is ineligible. A Michigan family immigration attorney can help ensure that all documents and requirements are met and that you give your family visa application the greatest chance of being approved.
At Family Visa, we focus on helping families of U.S. citizens and permanent residents reconnect with their loved ones and apply for and receive green cards. Call today to speak with a family-based immigration lawyer.