Family-based immigration is a cornerstone of U.S. immigration policy, allowing U.S. citizens and lawful permanent residents (green card holders) to sponsor close relatives for permanent residence in the United States. This pathway provides a means for families to reunite and support one another while ensuring that individuals can live together in the U.S. While the process of bringing relatives to the U.S. can seem complex, understanding the eligibility requirements, application process, and common challenges can help families navigate this important immigration route.

In this article, we will explore family-based immigration, including who qualifies to sponsor relatives, the different types of family-based visas, and the steps involved in bringing relatives to the U.S.

What is Family-Based Immigration?

Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor their family members for immigrant visas or green cards. The U.S. government recognizes the importance of family unity and provides opportunities for individuals to live and work in the U.S. with their loved ones.

Family-based immigration is categorized into two primary types:

• Immediate relatives of U.S. citizens: These are the closest family members and do not have to wait for a visa number to become available. Immediate relatives include spouses, children under 21, and parents of U.S. citizens.

• Family preference categories: These include other family members who do not qualify as immediate relatives, such as adult children, siblings, and certain relatives of green card holders. These categories are subject to numerical limits, meaning that applicants may face waiting periods before they can immigrate.

Eligibility for Family-Based Immigration

To bring a relative to the U.S. under family-based immigration, the sponsoring individual must meet certain requirements:

• U.S. Citizen or Lawful Permanent Resident: The sponsor must either be a U.S. citizen or a lawful permanent resident. U.S. citizens have broader eligibility to sponsor family members, while lawful permanent residents can only sponsor certain family members.

• Age and Status Requirements: Sponsors must be at least 18 years old to file a petition for a relative. U.S. citizens can sponsor a broader range of relatives, while green card holders have more limited eligibility.

• Financial Requirements: Sponsors must prove that they can financially support the relative they are sponsoring. This often involves submitting an Affidavit of Support (Form I-864), which demonstrates that the sponsor’s income meets or exceeds the federal poverty guidelines.

Types of Family-Based Visas

There are two main types of family-based visas, each with its own requirements and waiting periods.

1. Immediate Relative Immigrant Visas

Immediate relatives are not subject to the annual visa cap, which means there are no waiting periods for these visas. Immediate relative categories include:

• Spouses of U.S. citizens

• Children under 21 years old of U.S. citizens

• Parents of U.S. citizens (if the U.S. citizen is 21 years old or older)

These visas are processed quickly, and the applicants are given priority for permanent residency in the U.S.

2. Family Preference Immigrant Visas

Family preference visas are subject to annual limits and are divided into several categories based on the relationship between the sponsor and the applicant. The categories include:

• First Preference (F1): Unmarried children of U.S. citizens, 21 years and older.

• Second Preference (F2A): Spouses and children (under 21) of lawful permanent residents.

• Second Preference (F2B): Unmarried children (21 years or older) of lawful permanent residents.

• Third Preference (F3): Married children of U.S. citizens.

• Fourth Preference (F4): Siblings of U.S. citizens (only available to U.S. citizens who are at least 21 years old).

Because of the limited number of visas available in these categories, applicants may face long waiting periods. The priority date (the date when the petition was filed) determines where they stand in the queue.

Application Process for Family-Based Immigration

The process of bringing a relative to the U.S. through family-based immigration typically involves several steps:

1. Filing the Petition

The first step is for the U.S. citizen or lawful permanent resident sponsor to file a Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS). This petition serves as the formal request to establish the familial relationship and start the immigration process. The petitioner must provide supporting documents, such as proof of citizenship, evidence of the family relationship (e.g., marriage certificates or birth certificates), and other required forms.

2. USCIS Processing and Approval

After the petition is filed, USCIS will process it and, if everything is in order, approve the petition. If the relative is already in the U.S., they may apply for adjustment of status (Form I-485) to become a permanent resident. If the relative is outside the U.S., the approved petition is sent to the U.S. Department of State for consular processing at the U.S. embassy or consulate in the applicant’s home country.

3. Visa Issuance

Once the petition is approved, the family member can proceed with the visa interview, which includes a medical examination and background checks. If all requirements are met, the U.S. embassy or consulate will issue an immigrant visa, allowing the relative to travel to the U.S.

4. Green Card Issuance

Upon arrival in the U.S., the relative will be granted a green card (permanent residency). For individuals adjusting status in the U.S., they will receive their green card after approval of their Form I-485.

Challenges and Considerations in Family-Based Immigration

While family-based immigration is one of the most common ways to immigrate to the U.S., several challenges and considerations may arise:

1. Waiting Periods for Family Preference Categories

For family members in preference categories, the waiting periods can be long due to the annual caps on the number of visas available. Some family members may wait years before their visa becomes available. The wait time varies depending on the relationship category and the applicant’s country of origin.

2. Immigration Fraud and Documentation Requirements

Family-based immigration applications are subject to strict scrutiny, especially when there are concerns about immigration fraud (e.g., fraudulent marriages). Sponsors and applicants must provide accurate and truthful documentation to prove their relationship.

3. Legal and Financial Support

Applicants must ensure they meet all financial requirements, including providing an Affidavit of Support to show that they can support the family member financially and prevent them from becoming a public charge.

Recent Changes and Updates to Family-Based Immigration

In recent years, several changes and reforms have impacted family-based immigration:

• Public Charge Rule: The public charge rule has been revised to place greater emphasis on an applicant’s financial resources, affecting family-based immigration applications.

• COVID-19 Delays: The pandemic caused delays in processing family-based immigration applications, as U.S. embassies and consulates temporarily closed or reduced services. However, the processing has resumed, and backlogs are being addressed.

• Biden Administration’s Policy Changes: The Biden administration has taken steps to prioritize family reunification and reduce barriers for family-based immigration, including focusing on improving processing times and reducing the impact of immigration bans.