The NVC will notify the petitioner of the required fees and documentation. This may include forms, birth certificates, marriage certificates, criminal records, and proof of family relationship.
Family Immigration
What Are Family-Based Immigrant Visas?
Family-based immigrant visas refer to the process of obtaining various visas for individuals who wish to immigrate to the United States through a direct family member who is already a U.S. citizen.
Our family-based visa lawyers in Richmond, VA, will guide you through the process. The specific visa depends on the type of family member you have in the U.S. and the requirements for each case. In general, the process involves a U.S. citizen relative sponsoring their foreign family member and applying for a visa that allows them to legally stay in the U.S. and access various benefits.
What Types of Family Visas Are There?
There are several types of visas available for family immigration, depending on the family member acting as the sponsor. Some of these include:
For fiancés or spouses, different visas apply depending on their situation. For example, if a U.S. citizen is engaged to a foreign citizen but they are not yet married, they will need a K-1 non-immigrant visa. However, if the U.S. citizen is already married to a foreign citizen, they will require an IR1 or CR1 immigrant visa. We offer services tailored to these specific marriage-related visa cases.
If you want to bring your children to the U.S., there are various visa options depending on the circumstances. For example, if you are bringing a child over 21 years old, the IR-2 visa is required. For an adopted child, the IR-3 visa is needed, while the IR-4 visa applies if the adoption will occur after the child enters the U.S. If the child is from a Hague Convention country, the IH-3 or IH-4 visas are necessary. You can check the list to see if your child’s country is part of the Hague Convention.
Under U.S. immigration laws, foreign parents of U.S. citizens or permanent residents can apply for specific visas. The IR-5 visa is designed for parents of U.S. citizens who are over 21 years old, allowing them to immigrate to the U.S. and obtain permanent residency.
Although there isn’t a specific visa for siblings to immigrate directly and obtain permanent residency, U.S. citizens who are 21 years or older can petition for their siblings through the F-4 visa, which is part of the family preference category.
Our Team
How We Handle Your Case
To begin the family immigration process, our family immigration lawyers in Richmond, VA, will fill out the I-130 form, which must be filed by the U.S. citizen’s family member. We understand that the immigration process can be confusing. Don't worry—at Airington Law, The People’s Attorneys we will handle the process and guide your family on their journey home.
Once the petition is submitted, the United States Citizenship and Immigration Services (USCIS) will forward the information to the National Visa Center (NVC), which will begin processing the case. The next steps may include:
Permanent Residency
What Benefits Can We Obtain for You?
Family members who successfully complete the family immigration process in the U.S. can enjoy several benefits once they are admitted as permanent residents. As family immigration attorneys in Richmond, VA, we can help secure some of these benefits, including:
Permanent Residency
Family members who complete the family immigration process can become lawful permanent residents of the U.S. While some types of family visas do not directly grant permanent residency, they may eventually qualify for it by filing Form I-485.
Right to Work
Permanent residents have the right to work in any job in the U.S. without needing additional sponsorship from a specific employer.
Access to Education
Permanent residents can access education in public institutions and may qualify for lower tuition fees than international students in many cases.
Healthcare and Social Benefits
Permanent residents are eligible for healthcare programs like Medicaid, can receive a Social Security Number (SSN), and have access to other social benefits available to legal residents.
Path to Citizenship
After meeting certain requirements, such as maintaining continuous residence in the U.S. for a specified period, permanent residents can apply for U.S. citizenship through naturalization.
International Travel
Permanent residents can travel internationally, but they should be cautious not to stay outside the U.S. for extended periods to avoid complications with their immigration status.
Permanent Residency
Family members who complete the family immigration process can become lawful permanent residents of the U.S. While some types of family visas do not directly grant permanent residency, they may eventually qualify for it by filing Form I-485.
Right to Work
Permanent residents have the right to work in any job in the U.S. without needing additional sponsorship from a specific employer.
Access to Education
Permanent residents can access education in public institutions and may qualify for lower tuition fees than international students in many cases.
Healthcare and Social Benefits
Permanent residents are eligible for healthcare programs like Medicaid, can receive a Social Security Number (SSN), and have access to other social benefits available to legal residents.
Path to Citizenship
After meeting certain requirements, such as maintaining continuous residence in the U.S. for a specified period, permanent residents can apply for U.S. citizenship through naturalization.
International Travel
Permanent residents can travel internationally, but they should be cautious not to stay outside the U.S. for extended periods to avoid complications with their immigration status.
FAQS
Preguntas frecuentes
Family immigration visas allow U.S. citizens and lawful permanent residents to sponsor certain family members to immigrate to the U.S. and obtain permanent residency (green card). These visas help reunite families and allow them to settle in the U.S.
U.S. citizens can sponsor their spouse, unmarried children under 21, married children of any age, parents (if the sponsor is at least 21), and siblings (if the sponsor is at least 21). Lawful permanent residents can sponsor their spouse and unmarried children of any age. Each category has its own priorities and waiting periods. More information is available on USCIS – Family Sponsorship.
Family visas are divided into two main categories: “immediate relatives” and “family preferences.” Immediate relatives include spouses, parents, and unmarried children under 21 of U.S. citizens, and they are not subject to annual visa limits. Family preferences are divided into four categories, which are subject to annual limits: F1 (unmarried children of U.S. citizens), F2A (spouses and unmarried children of permanent residents), F2B (unmarried children over 21 of permanent residents), F3 (married children of U.S. citizens), and F4 (siblings of U.S. citizens).
The processing time for a family visa depends on the relationship between the applicant and the sponsor, as well as the visa category. Immediate relative visas are generally processed more quickly since they are not subject to annual limits. However, family preference visas can take several years due to quotas and waiting lists. For example, F2A visas may take 1-2 years, while F4 visas can take over a decade in some cases.
Family visa applicants are required to submit several documents, including the I-130 form (Petition for Alien Relative) completed by the sponsor, proof of the family relationship (such as marriage or birth certificates), evidence of the sponsor’s U.S. citizenship or permanent residency, and financial documentation to demonstrate that the sponsor can support the applicant and prevent them from becoming a public charge. For more information, see USCIS – Required Documents for Family Visas.
Once the I-130 petition is approved, the case is sent to the National Visa Center (NVC) for consular processing if the applicant is outside the U.S. The NVC will request additional documents and fees, and after processing, will schedule an interview at the U.S. embassy or consulate in the applicant’s country. If the applicant is already in the U.S., they can file Form I-485 to adjust their status as a permanent resident without leaving the country.
The Affidavit of Support is a legally binding document in which the sponsor commits to financially support the applicant and ensure they do not become a public charge. This document is required for all family visa applications and must show that the sponsor has sufficient income (at least 125% of the federal poverty level) to support the sponsored family member. Co-sponsors may be included if the primary sponsor does not meet the income requirements.
Generally, family members must wait for their visa approval in their home country. However, in some cases, family members can apply for a non-immigrant visa to visit the United States temporarily while their immigrant visa is being processed. It’s important to note that approval of a non-immigrant visa does not guarantee entry and may be denied if the applicant is suspected of intending to immigrate permanently. More information can be found at USCIS – Non-immigrant Visas.
If your family visa application is denied, you may appeal the decision or file a motion to reopen or reconsider the case if there is new evidence or circumstances that were not initially considered. It is crucial to have an experienced immigration attorney to help you understand the reasons for the denial and guide you through the appeal process or reapplication.
Family visa applicants must be admissible to the United States. Common grounds for inadmissibility include criminal records, previous immigration violations, health issues, and financial problems. In some cases, you can apply for a waiver to overcome certain inadmissibility grounds. Form I-601 is used to apply for a waiver, and you must provide evidence that denying your entry would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent. More details on inadmissibility and waivers.
Practice areas
Learn About Our Legal Services
At Airington Law - The People’s Attorneys, we are passionate about helping reunite families and bring them home. Our legal services cover a wide range of representation, depending on the complexity of our clients' cases. Some of these include:
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Our experience backs the legal excellence of our work. We are ready to help your family reunite at home. Our passionate and talented team of family immigration attorneys in Richmond, VA, has over 15 years of experience helping families reunite in the United States. If you want to bring your family home, call us and schedule your free case evaluation. We are The People’s Attorneys.