Family Immigration
Family Petition
Family petition is the way an American citizen or a legal permanent resident asks the US government to grant an immigrant visa (to live inside the United States) to a foreign relative.
Fiance(E) VISAS K-1
The Fiancé(e) Visa is a nonimmigrant visa that allows a foreign national to visit their Fiancé(e) for 90 days in the United States.
Nonimmigrant Visas For Husband Type K-3
It is a nonimmigrant visa that allows the wife of an American citizen to enter the United States to see her husband and to apply for residency within the United States. This visa is not the residency permit but a permit to enter the United States to apply for residency.
Family Unity
Under this process, an immigrant parent could apply to the government for the permission for their child to stay in the United States with a work permit while waiting for their family petition to be approved so that they could then apply for residency.
Family Petition
It is the process by which an immigrant applicant asks the US government to grant them residency through an immigrant visa. This process is called consular because the process is carried out in the consulate of the country of origin of the immigrant applicant.
Parole In Place
It is a procedure in which an immigrant who is the spouse or parent of a member of our armed forces or a veteran of the armed forces can ask the government for a special permit to process their application for residency in the United States without having to leave the country.
Request For Forgiveness
A request for forgiveness is a way for an immigrant applicant to ask the government to forgive them for any violation of immigration laws they have committed so they can obtain or maintain residency in the US.
Q&As
What is family-based immigration?
Family-based immigration allows U.S. citizens and green card holders to reunite with close family members by sponsoring them for permanent residency.
Who can sponsor a family member for a green card?
U.S. citizens can sponsor spouses, children, parents, and siblings. Green card holders can sponsor spouses and unmarried children.
What are the main types of family-based visas?
Immediate Relative visas are for close family of U.S. citizens, while Family Preference visas apply to more distant relatives or those sponsored by green card holders.
How long does the family-based immigration process take?
Processing times vary depending on the relationship, the applicant’s country, and application backlogs. It can take months to years.
What is the difference between a fiancé(e) visa and a marriage-based visa?
A fiancé(e) visa (K-1) allows entry to marry a U.S. citizen within 90 days. A marriage-based visa provides permanent residency to spouses.
Can I sponsor my same-sex spouse or fiancé(e) for a family-based visa?
Yes, same-sex spouses and fiancés have the same rights as opposite-sex couples for family-based visas.
What financial requirements must the sponsor meet?
Sponsors must prove financial ability to support the beneficiary at 125% above the Federal Poverty Guidelines and submit an Affidavit of Support.
Can a green card holder apply for family-based immigration for their family members?
Yes, green card holders can sponsor spouses and unmarried children, though wait times are often longer than for U.S. citizens.
What happens if my family-based visa application is denied?
If denied, you’ll receive an explanation. You may be able to appeal or reapply based on the circumstances.
Can I work in the U.S. while waiting for my family-based visa?
In some cases, beneficiaries can apply for a work permit while waiting. Consult an attorney for details.
How does the U.S. prioritize family-based visa applications?
Immediate Relative visas are unlimited, while Family Preference visas have annual quotas and prioritize based on relationship categories.
What are common reasons for delays or rejections?
Common issues include incomplete applications, missing documents, problems with the Affidavit of Support, or inadmissibility concerns.
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