Green Card holders and US residents can sponsor family members to immigrate to the country under family-based immigration.
The US immigration system aims to assist immigrants in starting over with their families and positively contributing to American society, thus facilitating family reunification.
This reunion can be achieved by obtaining different family-based visas. Each group’s distinct criteria and eligibility requirements cater to other family relationships.
In this guide, we discussed the routes to family-based immigration in the US, including the eligibility and process for joining a family member permanently or temporarily.
Types of Family-Based Visas
1. Immediate Relative Immigrant Visas
These visas are available to close family members of US citizens and are not subject to numerical limits, making them a preferred choice for those eligible.
- IR-1 (Spouse of a US Citizen): This visa allows US citizens to bring their foreign-born spouses to the country. The couple must prove the legitimacy of their marriage and meet all necessary legal requirements.
- IR-2 (Unmarried Child Under 21 of a US Citizen): US citizens can sponsor unmarried children under 21. Proof of parent-child relationship and the child’s age is required for this visa category.
- IR-3 (Orphan Adopted Abroad by a US Citizen): This visa is for children adopted by US citizens outside the country. The adoption must meet the child’s home country’s and US legal requirements.
- IR-4 (Orphan to be Adopted in the US by a US Citizen): This visa applies to children who will be adopted in the United States. The prospective adoptive parents must comply with both countries’ legal requirements and processes.
- IR-5 (Parent of a US Citizen who is at least 21 years old): US citizens who are at least 21 years old can sponsor their parents to immigrate to the United States. Proof of the parent-child relationship and the sponsor’s age is required.
2. Family Preference Immigrant Visas
They are available to more distant family relationships and are subject to annual numerical limits. These visas have different preference categories, each with specific eligibility requirements.
- F1 (Unmarried Sons and Daughters of US Citizens): This visa is for unmarried adult children (21 years or older) of US citizens. The US citizen’s parent must prove their relationship with the applicant.
- F2A (Spouses and Children of Permanent Residents): Permanent residents (Green Card holders) can sponsor spouses and unmarried children under 21. This category has a higher priority compared to other family preference categories.
- F2B (Unmarried Sons and Daughters 21 years or older of Permanent Residents): This visa is for unmarried adult children of Green Card holders. Proof of the parent-child relationship and the applicant’s unmarried status is required.
- F3 (Married Sons and Daughters of US Citizens): US citizens can sponsor their married children of any age. The sponsor must prove their relationship and the applicant’s marital status.
- F4 (Brothers and Sisters of US Citizens who are at least 21 years old): US citizens who are at least 21 years old can sponsor their siblings. The applicant must provide evidence of their sibling relationship and the sponsor’s age.
Eligibility Requirements for Family-based Immigration in the US
1. Relationship Proof
You will need to submit evidence that proves your family relationship with your sponsor, establishes the authenticity of the relationship, and also avoid delays or denials with the application.
The specific documentation required varies depending on the type of family-based visa, for example:
- Spouses (IR-1, F2A): A valid marriage certificate, joint financial documents, photos together, and affidavits from friends and family attesting to the relationship
- Children (IR-2, F2A, F2B): Birth certificates showing the parents’ names, adoption decrees (if applicable), and legal documents proving custody or guardianship.
- Parents (IR-5): The sponsor’s birth certificate shows the parents’ names and any other documents proving the parent-child relationship.
- Siblings (F4): Birth certificates of both the sponsor and the sibling showing at least one common parent and any other documents supporting the sibling relationship.
2. Financial Requirements
Sponsors must demonstrate their ability to financially support the applicant to prevent them from becoming what is considered a ‘public charge.’
This requirement is met by submitting an Affidavit of Support (Form I-864). In addition, the sponsor’s income must be at least 125% of the federal poverty guidelines for their household size.
This calculation includes their income, the immigrant’s income, and the income of other household members, if applicable. Supporting documents are also essential to prove income level and financial stability.
These documents typically include recent tax returns, pay stubs, employment letters, and bank statements. If the sponsor does not meet the income requirement, a joint sponsor can also submit an Affidavit of Support, provided they meet the financial criteria.
3. Background Checks
Family visa applicants must undergo thorough background checks as part of the application process.
They are subjected to security checks, including fingerprinting and criminal background checks, to identify past criminal activity, security threats, or immigration violations.
4. Medical Examinations
Applicants must also undergo a medical examination by a US-approved physician to ensure they do not have any infectious diseases that have met vaccination requirements.
In addition, they must generally be in good health. The results are submitted using Form I-693.
Visa Application Process for Family-based Immigration
Filing the Petition
The sponsor must file a petition to establish the qualifying relationship between them and the beneficiary.
Form I-130 Petition for Alien Relative is used by US citizens or Green Card holders to establish a family relationship with the beneficiary seeking to immigrate to the United States.
Additionally, the form requires detailed information about the petitioner (sponsor) and the beneficiary, including personal information, relationship details, and other relevant data.
Supporting Documents
Supporting documents are necessary to establish the validity of the relationship and the sponsor’s eligibility. Proof of relationship is demonstrated through documents such as marriage certificates, birth certificates, and adoption decrees.
These documents confirm the family ties between the sponsor and the applicant. Proof of status is also required, including a copy of the sponsor’s US passport, naturalization certificate, or Green Card.
These documents verify the sponsor’s legal status in the United States. Other documents may be necessary to support the validity of the relationship.
This includes evidence of any name changes, previous marriages, and other relevant documents that help establish the authenticity of the family connection.
Visa Processing
Once the Form I-130 petition is approved, the next phase involves visa processing, which includes steps handled by the National Visa Center (NVC).
If the beneficiary is outside the United States, they will undergo consular processing at a US Embassy/Consulate in their home country. The NVC forwards the case to the appropriate embassy/consulate, where the beneficiary will attend a visa interview and submit biometric information.
However, beneficiaries already in the United States may apply for an adjustment of status (Form I-485) to become permanent residents without leaving the country.
This involves submitting Form I-485, attending a biometrics appointment, and possibly interviewing with USCIS.
Interview and Approval
Be prepared to answer questions about the relationship with the sponsor, background information, and other relevant details. Also, bring all original documents, copies submitted with the application, and any additional documents requested by the consulate or USCIS.
Possible Outcomes and Next Steps
If the visa is approved, the beneficiary will receive their visa and instructions for entering the United States.
If the visa is denied, the consulate or USCIS will provide reasons for the denial and information on possible appeals or additional steps.
Temporary Family Visas
A nonimmigrant visa temporarily accompanies the visa holder with their loved ones in the US.
Here, an applicant seeks permission to come to the US based on their immediate relationship with the principal applicant, such as a partner or parent. Some of the common temporary visa routes for family members include:
1. F-2 Visa (Dependents of F-1 Students)
The F-2 visa is designated for spouses and unmarried children under 21 of F-1 student visa holders.
To qualify, the F-1 visa holder must be enrolled in an academic program in the US, and the F-2 applicants must demonstrate sufficient financial support.
However, F-2 visa holders cannot work or engage in full-time study but can enroll in recreational or part-time classes.
2. J-2 Visa (Dependents of J-1 Exchange Visitors)
The J-2 visa is available for spouses and unmarried children under 21 of J-1 exchange visitors. Eligibility requires the J-1 visa holder to participate in an approved exchange program, and J-2 applicants must provide evidence of financial support.
J-2 visa holders can apply for work authorization from USCIS after arriving in the US and may study full-time or part-time while in the country.
3. H-4 Visa (Dependents of H-1B, H-2A, H-2B, and H-3 Visa Holders)
The H-4 visa is for spouses and unmarried children under 21 of H-1B (specialty workers), H-2A (agricultural workers), H-2B (non-agricultural workers), and H-3 (trainees) visa holders.
The primary H visa holder must maintain valid status, and H-4 applicants must prove their relationship and financial support.
Certain H-4 visa holders, especially those married to H-1B, may be eligible for work authorization if the H-1B visa holder has an approved I-140 petition or has extended their status beyond the six-year limit.
H-4 visa holders can also enroll in educational programs without restrictions.
4. L-2 Visa (Dependents of L-1 Intracompany Transferees)
The L-2 visa is for spouses and unmarried children under 21 of L-1 visa holders who are intracompany transferees.
To qualify, the L-1 visa holder must work for a qualifying multinational company, and L-2 applicants must also demonstrate their relationship and financial support.
L-2 spouses can apply for employment authorization from USCIS and study full-time or part-time in the US.
5. K-4 Visa (Children of K-3 Visa Holders)
The K-4 visa is designated for unmarried children under 21 of K-3 visa holders who are spouses of US citizens.
The K-3 visa holder must have a pending immigrant visa petition filed by their US citizen spouse, and K-4 applicants must prove their relationship.
Once in the US, K-4 visa holders can apply for adjustment of status to become permanent residents.
6. TD Visa (Dependents of TN Visa Holders)
The TD visa is available for spouses and unmarried children under 21 of TN visa holders who are Canadian and Mexican citizens working in the US under the NAFTA agreement.
The TN visa holder must be employed in a qualifying profession, and TD applicants must demonstrate their relationship and financial support. TD visa holders can not work in the US but can study without restrictions.