Kerb Law Group

Family Based Immigration

Family Based Immigration

There are two main categories of family-based immigration: immediate relatives and family preference categories.

Immediate Relatives

Immediate relatives of U.S. citizens include spouses, parents, and unmarried children under the age of 21. These individuals do not have to wait for a visa to become available, and there is no limit to the number of visas that can be issued each year. As long as the sponsoring U.S. citizen is able to demonstrate their relationship with the immediate relative, the process can move forward relatively quickly.

Family Preference Categories

  • FB-1: This category is for unmarried sons and daughters of U.S. citizens who are 21 years of age or older.
  • FB-2A: This category is for spouses and unmarried children (under 21 years old) of legal permanent residents.

  • FB-2B: This category is for unmarried sons and daughters of legal permanent residents who are 21 years of age or older.

  • FB-3: This category is for married sons and daughters of U.S. citizens.

  • FB-4: This category is for siblings of U.S. citizens.

Family Based Immigration

The process for family-based immigration involves several steps. The U.S. citizen or legal permanent resident must first file a petition on behalf of their relative with U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the relative will then apply for an immigrant visa at a U.S. consulate or embassy abroad. The final step is to attend a visa interview and be granted legal permanent residence in the United States.

One of the main advantages of family-based immigration is that it allows families to be reunited and live together in the United States. Additionally, there are no specific educational or work requirements for family-based immigration, unlike other types of visas.

However, the family-based immigration process can be complex and time-consuming. There are many factors that can affect the processing time, including the category of the visa, the relationship between the sponsor and the relative, and the country of origin of the relative.

Overall, family-based immigration can be an excellent option for U.S. citizens and legal permanent residents who are seeking to reunite with their loved ones in the United States. If you are interested in sponsoring a family member for legal permanent residence, it is important to consult with an experienced immigration attorney to guide you through the process and ensure the best possible outcome.