A visa is a temporary document which permits an individual to enter into the U.s. and remain there for a specific menstruum of fourth dimension. Having a visa permits the visa holder to travel to a port of entry, airdrome, or land border. At that place are 2 main categories of visas in the United States: immigrant and nonimmigrant.

An immigrant visa, also known every bit a dark-green card, is issued to individuals who desire to live in the The states permanently. In comparison, a nonimmigrant visa is appropriate for an private who maintains a permanent residence exterior of the United States just may wish to stay in the U.Southward. temporarily for activities such as:

  • Tourism;
  • Business organisation;
  • Medical treatment;
  • Temporary piece of work; or
  • Temporary study.

Who can Receive a Family-Based Immigration Visa?

A family-based clearing application requires at least two family members, ane petitioner and one beneficiary. The petitioner is required to be a U.s.a. citizen or a lawful permanent resident. The beneficiary is required to be a strange family member who is neither.

In that location are several means in which an individual can obtain Us citizenship or status every bit a lawful permanent resident (LPR). Afterward an individual obtains status every bit a lawful permanent resident or as a United States citizen, the individual may act as a sponsor for certain relatives in order to obtain a family unit-based immigrant visa.

If the petition is successful, the foreign family member will receive a light-green carte and become a permanent resident themselves. Permanent resident status provides that the foreign family member will have the privilege of living and working in the United states permanently.

It is of import to note that there are two categories of family unit members that are qualified to receive a family-based immigrant visa: firsthand relatives and family preferences. The category of the family unit member determines the priority which the immigrant volition receive in obtaining a greenish card. The immediate relative category is the most desirable.

How Long Does Family unit-Based Immigration Take?

Family-based immigration waiting times vary based on the category. F2B visa waiting fourth dimension can exist anywhere from 2 years to 7 years. F3 visa waiting time may range from one to 10 years. F4 visa waiting fourth dimension is usually inside a twelvemonth, but can take as long as 10 years.

What is the Immediate Relatives Category?

At that place are an unlimited number of visas which are available to immediate relatives of The states citizens or permanent residents, which gives them special immigration priority. In contrast, the family unit preference categories have a limited number of bachelor visas. This means that the immediate relative visa waiting time can be anywhere from six months to every bit many as xx years to obtain a green card.

Immediate relatives of United states of america citizens or permanent residents include the following individuals:

  • Spouses;
  • Unmarried children nether the age of 21;
  • Orphans legally adopted abroad;
  • Orphans to be legally adopted in the United States; or
  • Parents over the historic period of 21.

If an individual seeking a dark-green card does not autumn into one of the previously mentioned categories, then they most likely autumn into the family unit preferences category. In social club for an private to immigrate using the immediate relative category, there are several requirements which must be met, including:

  • The United States citizen or permanent resident relative must petition the strange family member. The sponsoring family fellow member must file a Form I-30, Petition for Alien Relative, on behalf of the strange national relative with the Department of Homeland Security . Any required fees must as well be paid;
  • A qualifying immediate relative relationship must be documented. This may include documentation proving familial relationships, birth documents, or any other required documents;
  • The immediate relative must apply for a greenish card, either through consular processing or adjustment of status if they are already in the U.S. on a temporary visa;
  • The U.S. citizen or permanent resident must hope to back up the family member. A Form I-864, Affidavit of Back up, must exist filed on behalf of the beneficiary. The affidavit is to show that the casher has adequate means of financial support and volition not be likely to rely on the U.South. government for financial support. Generally, an income level that is at least 125% of the Federal poverty level volition be sufficient; and
  • The immediate relative must demonstrate that they do not pose a danger to U.S. guild based on factors including:
    • health;
    • security;
    • clearing violation; or
    • criminal grounds.

What is the Family unit Preferences Category?

In contrast to the immediate relative category, there are only a limited number of visas available for the family preferences category. This category includes relatives that accept a more than distant relationship to the family fellow member who is sponsoring their immigration visa.

The family preference categories are ranked every bit to immigration priority equally follows and include:

  • Kickoff preference: First preference in immigration priority is given to unmarried sons and daughters of United states citizens and their minor children. There are 23,400 visas allotted for this category;
  • 2d preference: 2nd preference is given to spouses and unmarried children who are under the age of 21 and unmarried adult children who are over the age of 21 of permanent residents. At that place are 114,200 visas allotted. lxx% or more than will go to the spouses and children under the age of 21;
  • Third preference: 3rd preference is given to married children, regardless of age, as well as their spouses and minor children of United States citizens. There are 23,400 visas allotted; and
  • Fourth preference: Fourth preference is given to the brothers and sisters, their spouses and their minor children, of adult U.Due south. citizens. There are 65,000 visas allotted.

There are several categories of family unit members that cannot be direct petitioned, including:

  • Grandparents;
  • Grandchildren;
  • Nephews;
  • Nieces;
  • Uncles;
  • Aunts;
  • Cousins; and
  • In-laws.

In club for an private to immigrate through the family preference category, the family member must meet the same requirements every bit immigrating through the firsthand relatives category. They must also document a qualifying family preference relationship instead of an immediate relative relationship.

Do Immigration Policies Change?

As previously discussed, immigration policies are constantly changing in the U.s.a., depending upon circumstances such equally:

  • The current assistants;
  • Shifting viewpoints;
  • The availability of funds; and
  • Various other influences.

It is important to note that the process of obtaining a family-based immigrant visa may modify in the future. For example, a recent modify includes same-sex activity spouses being able to apply for family unit-based immigrant visas.

Other possible changes may include quota changes, or the number of family-based immigrant visas which are allocated each twelvemonth, either for the family preferences category or the firsthand relative category. If this occurs, the waiting period for obtaining a green bill of fare would also likely change.

There are opponents to the family-based immigrant visas process who refer to information technology as concatenation migration . They believe that the availability of family-based immigrant visas should exist limited or abolished. If opponents succeed, immigration policies would limit the amount of individuals eligible to receive such visas or to become permanent residents would subtract. It is important to monitor the political consequence of immigration when considering petitioning for a family unit-based immigrant visa.

In addition to these possible changes, the COVID-xix pandemic has likewise had an effect on immigration policies. In order to assistance incorporate the spread of the virus, jurisdictions have implemented new measures or to change existing ones ofttimes, even daily. These may include:

  • Travel restrictions, which may include bans on foreign nationals from certain countries;
  • Quarantine requirements which vary beyond the globe. In some cases, the individual must provide negative COVID-19 test results or proof of vaccination accept begun to replace quarantine requirements; and
  • Health assessments. Health questionnaires and health assessments are not common pre-boarding requirements for international flights.

Should I Rent an Attorney for Help with Family Visas?

Yes, it is essential to rent an clearing lawyer for assistance with your family visa. It is important to consult with an chaser as early in the application procedure equally possible. Your attorney can assist you through the process and ensure you meet all the requirements and your application is filled out completely and correctly.