At the Law Offices of James A. Welcome, we are committed to helping you navigate the complexities of family-based immigration. Our knowledgeable team is here to assist you in understanding the different types of family visas and which one best suits your situation. Here’s a guide to the various family visas available:

1. Unlimited Family Visas

These visas are available without an annual cap, meaning there is no limit on the number issued each year. They are for immediate relatives of U.S. citizens, reflecting close family relationships:

• Visas for Spouses (IR-1): This visa is available for the spouse of a U.S. citizen. It allows the foreign national to live and work in the U.S. as a permanent resident. The application process involves proving the legitimacy of the marriage and that it is not a marriage entered into for immigration purposes.
• Visas for Unmarried Children Under 21 (IR-2): This visa is for children under the age of 21 who are unmarried and are the sons or daughters of a U.S. citizen. It allows these children to join their parent(s) in the U.S. and gain permanent residency.
• Visas for Orphans Adopted Abroad (IR-3): This visa is for orphans adopted outside the U.S. by American citizens. The process includes showing that the adoption meets all legal requirements and that the child is an orphan as defined by U.S. immigration law.
• Visas for Orphans Adopted in the U.S. (IR-4): This visa is for orphans who were adopted within the U.S. by American citizens. Similar to the IR-3, the process involves proving that the adoption complies with U.S. immigration standards and that the child qualifies as an orphan.
• Visas for Parents of U.S. Citizens (IR-5): This visa is available to the parents of U.S. citizens who are at least 21 years old. It allows parents to join their children in the U.S. as permanent residents, provided the sponsoring child can demonstrate their ability to support them financially.

2. Family Preference Visas

These visas are subject to annual limits and are available to specific relatives of U.S. lawful permanent residents or citizens. The number of visas issued each year is capped, which can result in longer waiting times:

• First Preference Visas (F-1): This visa is for unmarried sons and daughters (21 years or older) of U.S. citizens. Due to the annual cap of 23,400 visas, applicants may face a waiting period. The process involves proving the familial relationship and that the applicant is the child of a U.S. citizen.
• Second Preference Visas (F-2): This category is divided into two groups:
  • F-2A: For spouses and unmarried children (under 21) of lawful permanent residents. There is a cap of 114,200 visas per year for this group. It allows these family members to join their relative in the U.S. and obtain permanent residency.
  • F-2B: For unmarried children (21 years or older) of lawful permanent residents. This group also falls under the annual cap and typically faces a longer waiting period compared to F-2A applicants.
• Third Preference Visas (F-3): This visa is for married sons and daughters of U.S. citizens. With an annual limit of 23,400 visas, this category often has a longer waiting period due to high demand. The application process requires proof of the familial relationship and the marriage.
• Fourth Preference Visas (F-4): This visa is for siblings of U.S. citizens, as well as the siblings’ spouses and minor children. The annual cap for this category is 65,000 visas. Due to the high demand and cap, applicants may experience extended wait times.

How to Apply for a Family Visa

The application process involves several key steps:

1. File the Petition: The U.S. citizen or permanent resident sponsor must file Form I-130 with USCIS, providing evidence of the family relationship and supporting documentation.
2. USCIS Decision: USCIS reviews the petition and either approves or rejects it. If approved, the petition is forwarded to the National Visa Center (NVC) for further processing.
3. Waiting Period: For Family Preference visas, applicants may need to wait for a visa to become available due to annual caps.
4. Visa or Green Card Application: Once a visa is available, the immigrant can apply for a visa at a U.S. consulate or, upon entering the U.S., apply for a green card.

Why Legal Assistance Matters

Navigating the family visa process can be complex, with evolving immigration laws and various requirements. Working with an attorney can help you avoid common pitfalls, expedite your application, and ensure that all necessary documentation is properly handled.

Contact Us

If you need assistance with a family visa application or have questions about the process, the Law Offices of James A. Welcome is here to help. Contact us at contact@welcomelawfirm.com or call (203) 753-7300 to schedule a consultation. Our team is dedicated to guiding you through each step of the immigration process and ensuring your family’s journey to the U.S. is as smooth as possible.