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Who can qualify for a family-based visa?

On Behalf of | Jul 30, 2021 | Immigration And Naturalization

America’s immigration laws are complex and seemingly always changing. That can make it hard for you to figure out what you need to do to bring your family to the U.S. to be with you. We hope to help you cut through the cloud of uncertainty so that you and your family can be together. That’s not always an easy task, but in this post, let’s start by briefly looking at the basic types of family immigration visas.

Visas for family members of U.S. citizens

The federal government gives more leeway to those individuals who are U.S. citizens and seeking to sponsor a family member for visa purposes. To start, a U.S. citizen who is at least 21 years old can sponsor an immediate relative like a spouse, child, or parent in hopes of obtaining an immigration visa. It’s important to note that the immediate relative who is coming to the U.S. must arrive with the intent to permanently live in America. The government does not cap the number of these types of visas that are issued, so it’s easier to bring immediate family members to the U.S. than more distant relatives.

U.S. citizens can also sponsor those individuals who are considered by the government to be more distant relatives. However, the number of visas granted here are limited by the U.S. government. With these cases, the government prioritizes certain relationships, such as adult but unmarried sons and daughters and siblings.

Visas for family members of lawful permanent residents

Lawful permanent residents can also sponsor family members to obtain a visa, but it’s a little more difficult. This is because the government only allows lawful permanent residents to sponsor certain individuals, such as a spouse or an unmarried son or daughter. Applications filed by a lawful permanent resident may also have a lower priority and are subject to annual caps by the U.S. government.

Find help navigating complex immigration laws

We know that you just want your family to be together again. Don’t let the complexities of the immigration system prevent you from seeking to attain that goal. Instead, consider working closely with a legal team that understands immigration law and can successfully help you navigate it.


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