Family Based Visa (Spouses, Fiancees, Parents)

Family-based immigrants to the United States are divided into two categories:

• Those who may obtain permanent residence status without numerical limitation, and
• Those subject to an annual limitation. (226,000 visas minimum annually).

Unlimited Family-Based Immigrants

A. Immediate Relatives: The spouse, widow(er) and minor unmarried children of a United States citizen, and the parents of a United States citizen who is 21 or older.

B. Returning Residents: Previous U.S. lawful permanent residents who are returning to the U.S. after a stay of more than one year abroad.

Limited Family-Based Immigrants

These immigrants are granted visas on a preference basis. In practical terms, this means that there is a waiting period for these visas. Also, the higher your preference category, the longer you will have to wait for your visa.

Preference relatives may receive all of the visas not used by Immediate Relatives, but no less than 226,000 visas per year.

Family-based preference categories (with minimum limits in parentheses) include:

FB1, First Preference: Unmarried sons and daughters of U.S. citizens, and children if any. (23,400)

FB2, Second Preference: Spouses, children, and unmarried sons and daughters of lawful permanent resident aliens. (114,200)

FB3, Third Preference: Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

FB4, Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are over 20. (65,000)

Applying for Your Visa

If you are the potential beneficiary of a family-based immigration visa, your United States citizen or permanent resident relative will have to petition for you. Once a petition is approved by the DHS, you will have to wait for your visa to become available.

Once your visa becomes available, you will be sent another notice and you will have to appear at the United States consulate nearest your place of residence for a screening interview. Please be aware that initial approval of your petition does not guarantee that you will be admitted to the United States. You must still satisfy the government of the United States that you are not excludable from entry to the United States under existing law.

Ortega-Medina & Associates can assist you with all your immigration needs, including preparing all petitions and applications, and assembling all the documentation you will need to adjust your status to that of permanent resident of the United States. Please contact our firm to discuss your specific matter.