Our attorneys provide assistance to our clients and their families in obtaining the appropriate visa and pathway to U.S. residency.

What types of family-based visas are available?

Form I-130, or Petition for Alien Relative, is the form used by citizens or lawful permanent residents of the United States who would like to help their relatives obtain immigrant status in the U.S. After approval, the individual must wait for a visa number to become available before applying for an immigrant visa or adjustment of status to a lawful permanent resident. Note that filling out Form I-130 is only the first step in helping a relative to immigrate.

Do I need to be a U.S. Citizen to apply for a family-based visa for a foreign relative?

Not necessarily. However, the steps you need to take depend on whether you are a U.S. citizen or a Lawful Permanent Resident. If you are a U.S. citizen, you will need to file for an Immediate Relative Immigrant Visa. There are an unlimited number of these visas and require a close relationship with a U.S. citizen.

1. IR-1: Spouse of a U.S. Citizen
2. IR-2: Unmarried Child under 21 Years of Age of a U.S. Citizen
3. Orphan adopted abroad by U.S. Citizen
4. Orphan to be adopted in the U.S. by a U.S. Citizen
5. Parent of a U.S. Citizen who is at least 21 years old

If you are a Lawful Permanent Resident, you will need to file a Family Preference Visa application. These are limited in number each fiscal year.

What happens if the number of family-based visas exceeds the amount permitted?

When the number of qualified applicants for a family preference visa category is exceeded, an immigration wait is applied and applicants must wait for their "priority date" to become "current". The petition filing date is an applicant's "priority date" and determines when the applicant is eligible to apply for the immigrant visa. Visas are issued in the chronological order their petitions were filed and once their date becomes "current", an applicant may then move forward with their application.