There are two categories of family based immigration, or family based visas that are provided by the Immigration and Nationality Act (INA). Under this United States immigration law, familial relationships can be instrumental in helping immigrants obtain visas.
Immediate Relative Immigrant Visa (Unlimited)
There are five visa types that are based on relationships involving immediate family members who have a U.S. citizenship. These family members are described as Immediate Relatives, or IR. In these categories, there is no fiscal year limitation for the number of immigrants. The types of Immediate Relative Visas are:
- IR-1: Spouse of a U.S. Citizen
- IR-2; Unmarried Child under 21 Years of Age of a U.S. Citizen
- IR-3: Orphan Adopted Abroad by a U.S. Citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. Citizen
- IR-5: Parent of a U.S. Citizen who is at Least 21 Years Old
Family Preference Immigrant Visa (Limited)
This type of visa is for distant familial relationships. Some of these relationships can be with a U.S. citizen while others are relationships with Lawful Permanent Residents, or LPR. In these categories, there are numerical limitations within the fiscal year. The types of Family Preference Immigrant Visas are:
- F1 – Family First Preference: Includes unmarried children (who are over21 years of age) of people who are citizens of the United States. If they have any minor children, they are included as well.
- F2 – Family Second Preference: Includes spouses, unmarried children (who are over21 years of age) and minor children of LPRs. It should be noted that within the category, the majority of the visas (in excess of 77 percent) are given to spouses and children. The remainder of the visas in this category are given to the unmarried children.
- F3 – Family Third Preference: Includes married children (who are over21 years of age) of U.S. citizens as well as their spouses and minor children.
- F4 – Family Fourth Preference: Includes siblings (brothers and sisters) of people who are U.S. citizens as well as their spouses and minor children. The U.S. citizen must be 21 years old or older in order for this type of Family Preference Visa to be given.
Carla is a New Jersey immigration attorney serving Newark, Passaic-Bergen, Clifton, and Hackensack. She is dedicated to meeting your immigration needs, including deportation, naturalization, and asylum. Whether you are seeking a work permit or want to get your green card, call the Law Office of Carla C. Prosper. For caring, competent representation, we are here to help.