Family Visa Application Lawyers

Family Visas – Information and Explanation of the Process

The Immigration and Nationality Act (INA), which is section of U.S. immigration law provides the provision of two groups of family visa categories. It includes family preference category as well as immediate relatives. Family visa is a permit granted by the U.S. government that will allow an individual to join his/her spouse, fiancé, parent or child in the United States. Legal immigration in the U.S. is based mainly on family relationships. U.S. citizens, as well as lawful permanent residents, make use of family visas to bring their family members to the U.S. Every year around 480,000 family visas get allocated. These family-based immigrants that are permitted every year into the U.S. account for an important percentage of and play their part in a given State’s economic development. They contribute in a variety of ways and play a role in the overall development and improvement to the communities they join.

Benefits of Family Visas

Allocating family visas is an important step taken that leads to the overall economic and social growth of the Country. Resources are readily available, and the newcomers make use of these resources as they explore their options.  Many are successful in beginning new businesses or otherwise finding employment. Immigration offered by Family visas positively impacts development in many areas. The United States benefits from development in business that helps improve the overall economy. Economic assimilation leads to positive growth which benefits existing citizens. It promotes capital investment and new businesses are formed as a result.  Immigrants entering the country through the family visa program are able to rise on the socio-economic ladder with focus and discipline. Reports show reasonable income growth potential enjoyed by such individuals. Higher earnings benefit immigrants as well as the country’s economy.  They contribute solidly to the overall labor force immediately as well as setting the stage for future growth.

Types of Family Visas:

There are different types of family visas available. A Family visa is given to an individual depending on the category in which that individual fits.

K-1 Fiancé Visa

This non-immigrant visa is provided to foreign individuals engaged to a U.S. citizen. This visa allows an individual to enter the country and marry his/her fiancé (e). The main purpose of allocating this visa is to allow the couple to get married. However, they must marry within 90 days from the entry into the U.S. After marriage, visa holder can apply for the permanent residence card before USCIS. The U.S. citizen spouse needs to file a petition (Form I-129F) on behalf his/her foreign spouse. Once the petition is approved, the U.S. embassy is notified by USCIS. Then, the fiancé(e) will attend ton interview to continue with the application process at the US Consulate located in the Fiancé(e) country of residence. If the visa application is approved, the K-1 visa will be stamped on the fiancé(e)’s passport.

K-3 Spouse Visa

This non-immigrant visa is only available to married couples. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a non-immigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident. Eligible children of K-3 visa applicants are eligible for K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

Immediate Relative Visas

These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. The above means no limit is applied to the availability of this type of visa each year.

Immediate relative visa types include:

  • Spouse of a U.S. Citizen
  • Unmarried Child Under 21 Years of Age of a U.S. Citizen
  • Orphan adopted abroad by a U.S. Citizen
  • Orphan to be adopted in the U.S. by a U.S. citizen
  • Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas

This category includes immigrant visas that are available for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). Immigrant visas in the family preference category are very limited.

Some of the categories are:

  • F1- Family first preference- Unmarried sons and daughters of US Citizens, and their minor children.
  • F2- Family second preference- Spouses, minor children, and unmarried sons and daughters of Permanent Residents (21 or older). 77% of available visas for this category will go to children and spouses. The remaining ones are given to unmarried daughters and sons.
  • 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, provided the U.S. citizens are at least 21 years of age.

Final Word

Family visas may attract highly skilled immigrants with families residing in the United States. Work visas are also available to skilled individuals. There are various ways through which the family of a U.S. citizen or permanent resident can enter and reunite with his/her relative. The family policy adopted in the country leaves a scope for family members to enter the country and apply for a green card. The immigrants contribute to the overall development and progress of the country. They improve the economy, and many climb the socio-economic ladder as they contribute. Their efforts have led to great improvements in the United States.