Family-Based Immigration

Under federal law, citizens and legal permanent residents can sponsor (or "petition" on behalf of) their family members for immigration visas or "green cards." Sponsorship based on certain family relationships avoids limitations on the number of visas released each year under other categories, but the more remote a family link, the fewer visas that are available annually. Below is more information on family-based immigration and the filing process.

Who May File, and Who May Be Sponsored?

In the eyes of U.S. immigration officials, not all family relationships are created equal. Some relationships receive higher priority than others, and some cannot form the basis for an application in the first place.
If you are a U.S. citizen, you can petition on behalf of:

  • Your spouse, or your child under 21 years old.
  • Your parent (if you are at least 21 years old).
  • Your unmarried child over 21 years old, and their children.
  • Your married child of any age, and their children.
  • Your sibling and his or her spouses and children (if you are at least 21
  • years old).

If you are a U.S. permanent resident, you can petition on behalf of:

  • Your spouse, or your child under 21 years old.
  • Your unmarried child over 21 years old.

Temporary Fiancé(e) Visas

Temporary fiancé(e) visas are also available for foreign nationals intending to marry an American. Under this type of visa, the foreign national must apply for the visa and receive permission to travel to the U.S. for purposes of getting married. Once married, the foreign national must apply for permanent residence separate from the initial visa application.

Temporary Fiancé(e) Visas

Temporary fiancé(e) visas are also available for foreign nationals intending to marry an American. Under this type of visa, the foreign national must apply for the visa and receive permission to travel to the U.S. for purposes of getting married. Once married, the foreign national must apply for permanent residence separate from the initial visa application.

 

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