Family visas allow immigrants to become permanent residents through a family member who is already a resident or a citizen of the United States.  First, a family member files a petition on your behalf, this person is also called a “sponsor”.

Your sponsor has to meet age, relationship, and income requirements. It’s very important that you contact an attorney to check those requirements before applying!

There is no cap or limit on family visas, unlike employment visas which do have a cap! Visas for immediate relatives and those with a close family relation are said to be “Unlimited Family Visas”.

What are these visas?

• Visas for spouses
• Visas for your children who are under 21

There is a preference among family visas, however. Essentially, a visa is granted only to immigrants with a specific family relation to a permanent resident or a US Citizen.

There is a limited number of these visas issued each year.

• First Preference Visas: Visas for unmarried sons and daughters.
• Second Preference Visas: Visas for spouses, unmarried children, and minor children.
• Third Preference Visas: Visas for married sons and daughters.
• Fourth Preference Visas: Visas for siblings and the spouses and minor children of these siblings.

There are certain steps that you must take to start an immigration process. The process itself can be complex and confusing. An experienced lawyer will have the knowledge to complete a family petition seamlessly and correctly the first time. Here are the 4 steps that involve a petition

• FILE THE PETITION
  A petition must be filed by your relative. There are a number of forms that you must fill out, but the most important one is the I-130. This application is then sent to USCIS with certain documents that evidence or prove the family relation. This evidence can be proof of citizenship, birth certificates, among others.
• THE DECISION BY USCIS
  USCIS will either accept or reject the petition. Once USCIS reviews the petition and supporting documents and determine whether the application is valid. Once USCIS approves it, it will then forward to the National Visa Center to be processed there.
• THE WAITING PERIOD

The relative will have to wait for a visa to be available. Unless you are in the “unlimited” category, you will have to wait for a visa to become available. Because there is an annual cap, the immigrant family member must join the waiting list.

• THE APPLICATION

Once USCIS approves the petition and the visa becomes available, the immigrant family member submits an application for permanent residency.

It depends on the circumstances of every family’s case. For example, for an unlimited visa situation, the visa results in a much faster process, because the immigrant family member does not have to wait for a visa to become available. If you are waiting for a Preference visa, however, at least one year to learn when the visa will become available.

Here are some rough averages

• First Preference Visas for unmarried sons and daughters(F-1): 1-5 Years

• Second Preference Visas for Spouses and unmarried children(F-2): 1 year for spouses and minor children, 3 to 4 years for adult children
• Third Preference Visas for married sons and daughters (F-3): 9 years, on average
• Fourth Preference Visas for siblings (F-4): 7 to 10 years, on average