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Family Immigration

Immediate Relatives

Immediate relatives of U.S. citizens have no numerical limits and no waiting periods. This includes spouses, unmarried children under 21, and parents of U.S. citizens who are 21 or older.

Family Preference Categories

Family preference categories have annual numerical limits and may have waiting periods. These include more distant relatives and some relationships with permanent residents.

Immediate Relatives Requirements

Eligibility Requirements for Immediate Relatives

  • U.S. citizen petitioner (spouses, unmarried children under 21, or parents of U.S. citizens over 21)
  • Proof of qualifying relationship (marriage certificate, birth certificate, etc.)
  • Petitioner must meet income requirements or have a sponsor
  • Beneficiary must pass medical examination and background check
  • No numerical limits or waiting periods for immediate relatives

Family Preference Categories

F1 - First Preference

Wait Time: 7-22 years depending on countryAnnual Limit: 23,400 visas

Unmarried sons and daughters of U.S. citizens and their minor children

F2A - Second Preference A

Wait Time: 2-3 yearsAnnual Limit: Part of 114,200 total F2 visas

Spouses and unmarried children (under 21) of permanent residents

F2B - Second Preference B

Wait Time: 4-8 yearsAnnual Limit: Part of 114,200 total F2 visas

Unmarried sons and daughters (21+) of permanent residents

F3 - Third Preference

Wait Time: 8-22 years depending on countryAnnual Limit: 23,400 visas

Married sons and daughters of U.S. citizens and their families

F4 - Fourth Preference

Wait Time: 10-24 years depending on countryAnnual Limit: 65,000 visas

Brothers and sisters of U.S. citizens and their families

Current Wait Times

Wait times vary significantly by country of birth. Check the monthly Visa Bulletin for current priority dates.

Family Immigration Process

Step-by-Step Family Immigration Process

1

File Form I-130 Petition

U.S. citizen or permanent resident files petition to establish qualifying relationship

8-33 months processing
Required Documents:
  • Form I-130
  • Filing fee ($535)
  • Evidence of petitioner's status
  • Evidence of relationship
2

Wait for Priority Date

For family preference categories, wait until priority date becomes current (immediate relatives skip this step)

Varies by category and country
Required Documents:
  • Monitor Visa Bulletin monthly
  • Maintain valid status if in U.S.
3

Apply for Immigration Visa or Adjustment of Status

Apply for immigrant visa at consulate abroad or adjust status if in the U.S.

8-24 months
Required Documents:
  • Form I-485 (if in U.S.) or DS-260 (if abroad)
  • Medical exam
  • Financial support evidence
  • Background checks
4

Attend Interview and Receive Decision

Complete biometrics, attend interview, and receive approval or denial

1-6 months
Required Documents:
  • All original documents
  • Updated financial evidence
  • Any requested additional evidence

Key Forms and Documents

Primary Forms

  • Form I-130: Petition for Alien Relative
  • Form I-485: Application to Adjust Status (if in U.S.)
  • Form DS-260: Online Immigrant Visa Application (if abroad)
  • Form I-864: Affidavit of Support

Supporting Documents

  • • Birth certificates and marriage certificates
  • • Proof of U.S. citizenship or permanent residence
  • • Financial documents and tax returns
  • • Medical examination results

Specialized Family Immigration Categories

K Visas: Fiancé(e) & Spouse Visas

K-1 fiancé(e) visas allow U.S. citizens to bring their foreign fiancé(e) to the U.S. to marry within 90 days. K-3 spouse visas (rarely used) were designed for spouses waiting for I-130 processing.

  • K-1: Fiancé(e) visa - must marry within 90 days
  • K-2: Children of K-1 fiancé(e) (under 21, unmarried)
  • K-3: Spouse visa (rarely used - direct I-130 usually faster)
  • K-4: Children of K-3 spouse

Adoption Immigration

Two main pathways exist for bringing adopted children to the U.S.: Hague Convention adoptions and traditional orphan petitions for non-Hague countries.

  • Hague Adoptions: I-800A and I-800 process
  • Non-Hague Adoptions: I-600A and I-600 orphan petitions
  • Requirements: Home study, approved agencies
  • Citizenship: May be automatic under Child Citizenship Act

Family Immigration Resources

Green Card Process

Complete guide to obtaining permanent residence through family relationships.

Adjustment vs. Consular

Choose between adjusting status in the U.S. or consular processing abroad.

Priority Dates

Understanding visa bulletin and when you can apply for your green card.

Need Professional Help?

Family immigration can be complex, especially for cases involving previous immigration violations, criminal history, or complicated family relationships. Consider consulting with a qualified immigration attorney.