U.S. Family-Based Immigrant Visas and Sponsoring Relatives

Oct 25, 2024 | U.S. Immigration

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Introduction to U.S. Family Immigration Visas

Do you wish to become a United States permanent resident through family? Are you bringing your family members to the United States or seeking family reunification? You can follow the family pathway to actualize this dream. However, with all the conflicting information, the visa procedures, and application process, this can be challenging and may inhibit your family’s chances of success or even delay your own approval. In this insightful blog post, we’ll guide you through the process of bringing your immigrant family to the United States and all the various ways it can be done ranging from family sponsored green cards to family-based petitions.

Our comprehensive blog post includes key family immigration visas for families of U.S. citizens.

  • Immediate Relative Visas: Explore the requirements and process for bringing immediate family members to the United States.
  • Family Preference Visas: Understand the categories and eligibility criteria for sponsoring extended family members.
  • Humanitarian Parole: Learn about the circumstances and humanitarian parole application for temporary entry into the U.S. for urgent humanitarian reasons.

When choosing between American visa categories for bringing family members to the United States, the decision will depend on your specific circumstances, goals, and timeline.

 

Family Categories of Visa for U.S.A

The U.S. Citizenship and Immigration Services (USCIS) allows its citizens and legal permanent residents (green card holders) to assist their families and relatives in obtaining immigrant visas. This is also called family based green cards, in which U.S. citizens and lawful permanent residents sponsor certain family members for permanent residency in the United States. The assisting relative must be at least 21 years old and either a U.S. citizen or a green card holder. Your qualifying sponsor can help you obtain an immediate relative (IR) or family preference visa. Learn some requirements for a U.S. citizen to petition a family member​ and ways of sponsoring a green card for family.

Immediate Relative Visas (IR1, IR2, IR5 Visas)

The IR visa works for immediate family, close relatives such as a spouse, child, or parent for visa sponsorship. Close relatives can sponsor an unlimited number of qualifying immigrants each year. The sponsored relatives receive different visa categories, starting from IR1 to IR5.

IR-1 Visa Category (Spouse of a U.S. Citizen)
The IR-1 Visa Category works for spouses of United States citizens. You can qualify for this visa if you are married to a U.S. citizen. Learn more about the IR-1 visa and the 1-130 form in our helpful blog post, U.S. CR1 & IR1 Marriage / Spouse Visa Guide.

IR-2 Visa Category (Unmarried and Minor Children Under 21 of a U.S. Citizen)
The IR-2 visa category facilitates unmarried children under 21 years to apply for permanent residency. To qualify for the IR-2 visa, the children must be born to U.S. citizens.

IR-5 Visa Category (Parent of a U.S. Citizen)
U.S. citizens can also file a permanent residency petition on behalf of their foreign parents. The sponsoring children use the IR-5 visa category to petition permanent residency for their parents.
While navigating this process, it’s crucial to provide proof of a genuine relationship and ensuring all necessary documentation, such as marriage or birth certificates, is properly submitted. You will need to prove to the USCIS and the U.S. embassy that you can financially support the incoming family member.

  • IR1: You must submit an Affidavit of Support (Form I-864) to show you can financially support your spouse, meeting the income requirements of at least 125% of the Federal Poverty Guidelines (or 100% if you are an active member of the armed forces).
  • IR2: The same financial support requirements apply, where the sponsoring parent needs to demonstrate the ability to support the child financially.
  • IR5: The U.S. citizen petitioner must also submit an Affidavit of Support and meet the same financial criteria to sponsor their parent.

K-1 Visa for fiancé(e)s
The K-1 visa is a non-immigrant visa that allows foreign nationals to travel to the United States and marry their U.S. citizen fiancé(e)s within 90 days.

A K-1 fiancé(e) visa is ideal for couples who are not yet married but wish to reunite in the United States and get married within 90 days. However, the K-1 visa requires proof of a legitimate relationship, including in-person meetings, which can be challenging for couples who haven’t spent much time together. If you’re already married, applying for an Immediate Relative Visa (IR1/CR1) will be a better choice granting you a permanent green card. Immediate Relative Visas are specifically for spouses, parents, and children under 21, giving them permanent residency directly. This option might be preferable for families who wish to avoid the additional step of adjusting status after arriving in the United States, which is necessary with a K-1 visa. Learn how to prepare for the K-1 Fiancé(e) Visa process with expert guidance from HBM Law in our blog post here from the visa application to the K-1 visa requirements.

K-2 Visa
The K-2 visa allows unmarried and minor children under 21 of a K-1 fiancé(e) visa holder to enter the United States along with their parent. This non-immigrant visa enables children to stay in the country while their parent marries a U.S. citizen and adjusts status to permanent residency.

 

Family Preference Visas (F)

Family preference visas (F) allow U.S. citizens to file immigrant visa petitions on behalf of more distant relatives. Legal permanent residents can also file petitions for specified relatives. The family preference visa petitions are limited each fiscal year. Here are the different F categories and their meanings. The DOS website provides information regarding family-sponsored preferences categories.

Family-Sponsored Preferences

  • First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. The F1 visa category is a priority in the family preference visa pathway. It allows U.S. citizens to file green card petitions for their children above 21 years.
  • Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
  • A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit.
  • B. (F2B Visa) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. 
  • Third (F3 Visa): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 
  • Fourth (F4 Visa): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. 

For those looking to reunite with siblings or married children, keep in mind that Family Preference Visas are your best option. However, if your family comes from a country such as Mexico or India with high visa demand, there will be longer waiting times.

 

Humanitarian Parole and Reasons

Foreign nationals can also temporarily enter and live in the United States under USCIS humanitarian parole. Foreigners qualify for the humanitarian parole program due to emergencies or when their entry significantly benefits the United States.

Families facing urgent situations, such as medical emergencies or threats to safety, may apply for humanitarian parole to bring a family member to the U.S. temporarily. This process requires demonstrating compelling and urgent humanitarian reasons or significant public benefit. While this can be a lifeline for humanitarian parolees, it is generally granted for temporary stay and may not lead to permanent residency, which could be a limitation for families seeking a long-term solution.

For long-term family reunification, visas like the K-1, Immediate Relative, or Family Preference options should be considered instead. Humanitarian parole may be useful for immediate entry while working on a longer-term visa, but families should be aware of its temporary nature and the need for a more permanent immigration solution.

    Contact HBM Law to Learn More About Family Based Immigration

    The USCIS provides different pathways for immigrant families. You can follow the family visa categories to simplify your application for permanent residency or choose the right family immigrant visa for your loved ones. Contact our family based immigration attorney at our HBM Law offices (immigration law firm in Iowa) to learn about family-based visas and the immigrant visas that will work for you or your loved ones.

    Seek Professional Guidance for U.S. Family-Based Immigrant Visas and Sponsoring Relatives

    Seek Professional Guidance for U.S. Family-Based Immigrant Visas and Sponsoring Relatives

    Principal Attorney Himani Bhardwaj, HBM Law Offices

    Attorney Himani Bhardwaj founded HBM Law Offices in 2012 in Chicago, IL and moved the firm to West Des Moines, IA in 2013 to serve the growing community of fellow immigrants in her home state of Iowa. Serving as the Principal Attorney, she has devoted herself entirely to immigration cases for over a decade, specializing in complex issues, successfully representing hundreds of cases, working with over 60+ U.S. Embassies/Consulates, and reuniting families across borders. As a result, she brings 12+ years of experience in immigration law, a human rights background, and compassion from her personal immigration journey to represent aspiring immigrants from across all 50 states of the United States and around the world.

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