Chula Vista Immigration Attorney

  • Jun 25 2019

Countless families who have been separated for too long look to bring loved ones to the Unites States to be reunified. Thankfully, there are several options that allow United States citizens as well as lawful permanent residents to sponsor certain family members for the purpose of obtaining a visa that will provide permanent residency, or a “green card.” The requirements of each of the family-based immigrant visas are specific and vary depending on things such as what type of familial relationship exists between the person sponsoring and the family member they will be sponsoring. Talamantes Immigration Law Firm will not only be able to identify the visa applicable to your situation, but we can help you through the process of obtaining the family-based immigrant visa.

What are Family-Based Immigrant Visas?

Under the Immigration and Nationality Act, there are two categories of family based visas: immediate relatives and family preference. Immediate Relative Immigrant Visas are based on a close family relationship between a U.S. citizen and an immediate relative. There is no cap on the number of Immediate Relative Immigrant Visas granted each fiscal year. This category of visa includes:

  • 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. b a U.S. citizen
  • IR-5 Parent of a U.S. Citizen who is at least 21 years old.

Family Preference Immigrant Visas are applicable where the family member is a more distant relationship for a U.S. citizen. There are only certain kinds of distant relatives that are granted visas in this category. Additionally, there is a limited on the number of these visas granted each fiscal year. Here are the visas included in this category along with the applicable family relationship for each:

  • F1 Family First Preference: Unmarried sons and daughters of U.S. citizens and their minor children.
  • F2 Family Second Preference: Spouses, minor children, and unmarried sons and daughter who are 21 years or older or lawful permanent residents.
  • F3 Family Third Preference: Married sons and daughters of U.S. citizens and their spouses and minor children.
  • F4 Family Fourth Preference: Brothers and sisters of U.S. citizens and their spouses and minor children. The U.S. citizens must be 21 years or older.

To start the visa process, you must file a Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS). You must also be prepared to pay all applicable fees. After USCIS approves the Petition, it will be sent to the National Visa Center and assigned a case number. The National Visa Center will request more information including an Affidavit of Support and application forms.

Working to Reunite Families.

It is unimaginably difficult to be separated from your loved ones. Talamantes Immigration Law Firm is committed to tirelessly working to reunite families. If you are looking to obtain a visa on behalf of a relative, contact Talamantes Immigration Law Firm, APC, in Chula Vista today.

Posted in: Immigration Law