Understanding The Types Of Family-Based Immigration

In our modern era of global travel and immigration, many families become separated across different countries and dream of reuniting. It is common for some family members to move to another country with a plan to bring the rest of their family with them once they get settled.

Reuniting with your loved ones is a heartwarming and exciting time, but there is a lot that goes into the immigration and sponsorship process. Long before you purchase a plane ticket or pack a suitcase, there is the important initial step of figuring out which type of visa your loved one(s) need(s) to legally immigrate.

If you are a legal permanent resident or citizen of the United States, you have options for bringing your family members to the United States. However, your available options are based on your legal status, as well as which family member(s) you intend to sponsor.

What Are The Types Of Family-Based Immigration?

There are two main categories of family immigration: immediate relatives and family preference. The type of family-based immigration that is best for you and your family is dependent upon your specific situation.

If you are uncertain about which type of family-based immigration visa you should apply for, you should consider the benefits of hiring a family immigration lawyer. At the Law Offices of Patrick C. McGuinness, located in Plainfield, NJ, we can help you understand which type is right for you, and assist you with completing the application process.

Immediate Relatives

As a citizen of the United States, you can sponsor a close family member, which allows them to become a Green Card holder, or legal permanent resident. These family members include the following:

• Your spouse
• Your child (who is age 21 or younger and unmarried)
• Your parent (if you are age 21 or older)

More information about visas for immediate family members of U.S. citizens can be found on the U.S. Citizenship and Immigration Services website.

Family Preference

There are several specific visas within the family preference category. The different types of visas depend on whether you, as the sponsor, are a U.S. citizen or a legal permanent resident.

If you are a citizen, the family immigration visas available to you include:

• F1 (first preference): your children who are age 21 or older and unmarried;
• F3 (third preference): your married children;
• F4 (fourth preference): your siblings (if you, the citizen, are over 21).

If you are a legal permanent resident, the family immigration visas available to you include:

• F2A (second preference): your spouse; your children who are age 21 or younger and unmarried;
• F2B (second preference): your children who are age 21 or older and unmarried;

More information about family preference immigrant visas can be found on the U.S. Citizenship and Immigration Services website.

Once you know which type of family-based immigration visa you need, you should begin the application process. Working with a family immigration attorney can reduce the stress that often accompanies the visa application process. Having confidence that your application is complete and correct is one of the many benefits of hiring a family immigration lawyer.

Can I Sponsor A Non-Immediate Family Member?

Unfortunately, the current immigration laws do not allow for the sponsorship of non-immediate relatives. This includes grandparents, aunts or uncles, cousins, and other extended family members. These relatives would need to qualify for a visa or Green Card on their own in order to immigrate to the U.S.

Putting Our Immigration Experience To Work For You

Trying to understand immigration laws and ensure you apply for the right type of visa can be confusing and overwhelming. With the help of a family-based consular processing immigration lawyer, the visa application process can be much easier.

If you are considering a family-based immigration visa for yourself or a loved one and you have questions, do not hesitate to contact the Law Offices of Patrick C. McGuinness, LLC. To connect with a knowledgeable and experienced family immigration attorney, reach out to our office in Plainfield, NJ, today.