Immigration Law Professional Shares Details on Family Based Immigration

By September 16, 2021Immigration Law Blog
Immigration Law

Here at Nelson and Associates immigration law firm, we work with clients on various types of immigration cases including family based immigration. Today we are going to talk a little bit about family based immigration.

Immigration Law Professional Shares Details on Family Based Immigration

There are two main types of family immigration visas that we deal with – the IR visas and the F visas.

IR Visas are immediate relative immigration visas and are available to immediate relatives of a United States citizen. There are an unlimited number of immediate relative visas available. There are multiple types of IR visas available and the relative being brought to the U.S. determines which IR visa is the correct one for your circumstances.

The IR-1 Visa is available only to the spouse of an American citizen.

The IR-2 Visa is available only to unmarried children of an American citizen. The child must be under the age of twenty-one.

The IR-3 Visa is available only to an adopted orphaned child who was adopted abroad by a U.S. citizen.

The IR-4 Visa is available only to an orphaned child who is going to be adopted in the United States by a U.S. citizen.

The IR-5 Visa is available only to the parent of a U.S. citizen who is at least twenty one years old.

To apply for any one of the immediate relative immigration visas, it is always best to consult an immigration attorney who specializes in family based immigration.

The second variation of the family immigration visa is the F visa or the “family preference visa.” The family preference visa is available to more extended members of a U.S. citizen. Unlike the immediate relative visas, there are a limited number of family preference visas available.

Within the family preference immigrant visa category, there are four subsections and the right visa subsection for you depends on the family member coming into the United States.

The F1 Family First Preference visa is available to unmarried sons and daughters of U.S. residents and their children who are under the age of eighteen. Each year the U.S. makes 23,400 of these visas available per fiscal year.

The F2 Family Second Preference visa is available to unmarried sons and daughters of U.S. residents and their children who are under the age of eighteen. Each year the U.S. makes 114,200  of these visas available per fiscal year.

The F3 Family Third Preference visa is available to married sons and daughters of U.S. citizens, and their spouses and minor children. Each year the U.S. makes 23,400 of these visas available per fiscal year.

The F4 Family Fourth Preference visa is available to brothers and sisters of U.S. , and their spouses and minor children (provided the U.S. citizens are at least 21 years of age).  The U.S. makes 65,000 of these visas available per fiscal year.

As with the IR visas for immediate relatives of American citizens, it is always best to consult an immigration attorney if you need someone to help you to bring your extended family members over to the United States and you are a citizen.

An immigration attorney can do a lot to help you to bring your family members to the United States if you are an American citizen yourself. Your attorney can perform a number of important functions to make sure that you are in good standing and ready to go ahead and proceed with the family immigration visa. Included among the jobs that your attorney for immigration law can complete for you are:

  • Ensure that you apply for the correct type of visa for your family member.
  • Proof the application before you send it in to be sure that it has been filled in properly so you do not experience significant delays.
  • Ensure that you fully understand the application that is being filled out.
  • Keep track of any dates that pertain to the application so that you are always in the loop and don’t miss important deadlines that could further delay your application.

FAQs

Q: Can I help my cousin to get a visa to come to the U.S.?

A: There may be things you can do to help your cousin to get to the U.S. but unfortunately, the IR and F visas do not cover extended relatives, they only cover spouses, nieces, nephews, siblings, and children.

Q: How do I know what type of immigration visa I need to apply for?

A: The best way to determine this is to talk to an attorney about your situation because there are many different visa categories available and one small change in circumstance can change which visa is best for your situation. When it comes to the IR and F visas mentioned above, though, the description of each is listed very carefully so that you can make the distinction between the types of family visas and which best suits you.

Are You Looking For An Immigration Law Professional?

If you are looking for an immigration law professional in and around Pasadena, California, Nelson and Associates can help. Just give us a call today at 626-683-3451 and let us know how we can help you!