Visas for Relatives
One of the benefits of being a U.S. citizen or permanent resident is that you can bring certain relatives to live permanently in the U.S. The first step is to file a petition to establish your family relationship. The second step is for your relative to apply for a visa at a U.S. Embassy or Consulate abroad. Once your relative has a visa, he or she can travel to the U.S. and will automatically become a permanent resident or conditional resident.
Who Can I Bring to the United States?
The relatives you can bring depends on whether you are a U.S. citizen or permanent resident. Citizens are able to bring more relatives than permanent residents and can usually bring them quicker.
I am a U.S. Citizen
U.S. citizens can bring a spouse,children, parents (as long as the citizen is over 21) and brothers and sisters. If you want to petition for your fiance, please go to the fiance visa page.
Spouses, unmarried children who are under 21 and parents are considered immediate relatives. There is no limit to the number of immediate relatives so these relatives can apply for a visa shortly after the petition is approved.
Unmarried sons and daughters (21 and older), married sons and daughters of any age and brothers and sister are considered preference category relatives. There is a limit to the number of preference category relatives who can immigrate each year.
I am a Permanent Resident
Permanent residents can bring a spouse, children under 21 and unmarried sons and daughters who are over 21. These relatives are called preference category relatives and there is a limit to the number who can immigrate each year.
What is the Preference Category?
U.S. immigration law limits the number of preference category relatives who can immigrate each year. You can think about it like waiting in a line. There are different lines based on the family relationship (preference category), country of origin and the date you filed your petition (priority date). Your relative can apply for a visa when they are next in line.
How Long Does My Relative Need to Wait?
You can find out how long the wait is by looking at the current visa bulletin. In the first chart, find your relative’s preference category (F1, F2A, F2b, etc.) and slide your finger across so it is in the box under the country your relative is from. The date in the box is called the priority date. If the priority date is 22Jul04, this means anyone with a petition filed on or before July 22, 2004 is ready to apply for a visa. It also tells you that there is about a 7 year wait for people in that category to apply for a visa. It is important to know that the dates can jump forward or even backwards without warning.
How Does My Relative Apply for a Visa?
The National Visa Center will send you instructions when they are ready for your relative to apply for a visa. This part of the process is called consular processing and your relative will have an interview at a U.S. Embassy abroad. The Embassy official will ask your relative questions to see if he or she is eligible for a visa. If your relative is inadmissible, or not eligible for a visa, a waiver may be available.
If the visa is approved, your relative can travel to the U.S. and will become a permanent or conditional resident upon entering the U.S.
Hire an Experienced Immigrant Visa Attorney
I have handled consular processing cases at several Embassies including those in Mexico, Guatemala, Honduras, Ethiopia, Saudi Arabia, and Ukraine. When you hire me, I will be with you throughout the entire process, from filing the petition to preparing you for your appointments abroad. My goal in every case is to make the process as simple and straight forward as possible for you. I prepare for each step in advance so that your case moves as quickly as possible. We will communicate regularly so you know exactly what is happening in your case and why. With a flat fee and monthly payment plan, you know the cost up front. Schedule your consultation by calling me at 651-278-9858 or click here to schedule online.
