Family-based immigration is the process of allowing close family members of U.S. citizens and permanent residents to join them in the United States. This type of immigration is one of the most common pathways for foreign nationals to gain lawful permanent residence in the United States.
Family-based immigration is regulated by the Immigration and Nationality Act (INA) and divided into two categories: immediate relatives and family preference categories. Immediate relatives are the spouses, unmarried children under the age of 21, and parents of U.S. citizens. Immediate relatives are not subject to any numerical restrictions and are immediately eligible to apply for a green card.
Family preference categories are for family members who are not immediate relatives of U.S. citizens. These categories are subject to numerical restrictions, meaning that the number of visas available each year is limited. Family preference categories include unmarried sons and daughters of U.S. citizens, spouses and unmarried children of permanent residents, married sons and daughters of U.S. citizens, and siblings of U.S. citizens.
The process for family-based immigration begins with the U.S. citizen or permanent resident filing a petition for their family member. The petition is filed with U.S. Citizenship and Immigration Services (USCIS) and must include evidence of the family relationship, such as birth certificates and marriage certificates. Once the petition is approved, the family member can then apply for a visa at a U.S. consulate or embassy in their home country.
In some cases, family members may already be in the U.S. and can apply for a green card without having to leave the country. This is known as “adjustment of status” and is available to immediate relatives of U.S. citizens, as well as certain family preference categories.
The entire family-based immigration process can take several years to complete and is subject to a number of restrictions. For example, the U.S. government has the right to deny a visa application if it believes the family member is likely to become a public charge or engage in criminal activity. In addition, family members who have been convicted of certain crimes may be ineligible for a visa.
For those who are eligible, family-based immigration is an important way for families to stay together in the United States. It also allows U.S. citizens and permanent residents to reunite with their loved ones and bring them to the United States to share in the American dream.
