Article
Understanding Family-Based Immigrant Visas
Family-based immigration is facilitated through the immigrant Visa (IV) process, where foreign nationals can apply for permanent residency in the United States. To qualify, they need a sponsor relative over 21 who is a U.S. citizen or a Green Card holder. Under immigration law, two distinct categories of family-based immigrant Visas exist: Immediate Relative and Family Preference.
Immediate Relative (IR)
The IR Visa category is granted to individuals with strong familial connections to U.S. citizens. The eligible relationships include spouses, unmarried children under 21, and parents of adult U.S. citizens. This category does not have numerical limits on the number of Visas issued each fiscal year. Thus, the application process is moderately faster, making it easier for families to be together.
Family Preference
This category offers foreign nationals who are family members of U.S. citizens or lawful permanent residents (LPRs) the opportunity to obtain a Green Card through specific family ties. Eligible relationships include siblings and married or 21 years or older unmarried children of U.S. citizens. As for LPRs, their spouses and unmarried children (21 years old or above) are qualified. Each of these falls under specific Visa categories.
Unlike immediate relative Visas, the number of immigrants in the family preference category is limited each fiscal year. This numerical limit in the quota system regulates immigration flow and leads to larger waiting periods.
Mastering the nuances of family petition categories and requirements gives you an edge. Armed with this knowledge, you can succeed in helping your loved ones move to the United States.
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