
Family-Based Immigration
Family members of U.S. citizens or legal permanent residents can immigrate to the United States based on their family relationship. Generally, in order to immigrate, a person must have a petition filed by the sponsoring relative and approved by the USCIS.
There are two major groups of family-based immigrants:
1. Immediate Relatives do not have to wait for a visa number to become available once their petition is approved. This category includes:
- Spouse of a U.S. Citizen
- Unmarried child under 21 years of age of a U.S. Citizen
- Parent of a U.S. Citizen; the U.S. Citizen must be at least 21 years of age
- Orphan adopted abroad by a U.S. Citizen
- Orphan to be adopted in the U.S. by a U.S. citizen
2. Relatives under Preference Categories (Limited Family-Based Immigrants) must wait for a visa number to be available before they can immigrate. This includes:
-1st Preference: Unmarried sons and daughters (21 years of age or older) of U.S. citizens
-2A Preference: Spouses and minor children of lawful permanent residents
-2B Preference: Unmarried sons and daughters of lawful permanent residents
-3rd Preference: Married sons and daughters of U.S. citizens
-4th Preference: Brothers and sisters of U.S. citizens
For more information about the visa classifications, please visit our
General Immigration Facts.
For assistance with applying for
an immigrant visa based on your family relationship or for more information please contact our office or Schedule an Appointment.
A U.S. citizen may apply for the fiancé(e) to travel to the U.S. for the purpose of marrying the U.S. citizen. The U.S. citizen must file a petition with the USCIS. After the USCIS approves the petition, it is forwarded to the National Visa Center for further processing. Thereafter, the petition is sent to the U.S. consulate abroad where the fiancé(e) will be scheduled for a K-1 interview.
For more information about the visa classifications, please visit our
After the fiancé(e) is issued the visa and arrives in the U.S., he/she and the U.S. citizen must get married within 90 days of the fiancé(e)’s entry into the U.S. An application for Adjustment of Status will then need to be filed with the USCIS to complete the permanent residence process.
The child of a K-1 visa holder may receive a derivative K-2 visa.
The advantage of obtaining a K-1 visa is that it is often a much faster way to bring your fiancé(e) to the United States than applying for the immigrant visa at the consulate abroad. However, to avoid any delays, the petition must be well prepared. We can provide this service to you. We also prepare your fiancé(e) for the interview at the U.S. consulate.
General Immigration Facts.
For assistance with applying for a
K-1 or K-2 visa, please contact our office or Schedule an Appointment.
A U.S. citizen may apply for the fiancé(e) to travel to the U.S. for the purpose of marrying the U.S. citizen. The U.S. citizen must file a petition with the USCIS. After the USCIS approves the petition, it is forwarded to the National Visa Center for further processing. Thereafter, the petition is sent to the U.S. consulate abroad where the fiancé(e) will be scheduled for a K-1 interview.
For assistance with applying for a
After the fiancé(e) is issued the visa and arrives in the U.S., he/she and the U.S. citizen must get married within 90 days of the fiancé(e)’s entry into the U.S. An application for Adjustment of Status will then need to be filed with the USCIS to complete the permanent residence process.
The child of a K-1 visa holder may receive a derivative K-2 visa.
The advantage of obtaining a K-1 visa is that it is often a much faster way to bring your fiancé(e) to the United States than applying for the immigrant visa at the consulate abroad. However, to avoid any delays, the petition must be well prepared. We can provide this service to you. We also prepare your fiancé(e) for the interview at the U.S. consulate.
K-1 or K-2 visa, please contact our office or Schedule an Appointment.
WARNING: All information contained herein is offered for the purpose of providing general information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice from a qualified immigration lawyer before relying upon any of the information contained herein.