Reuniting with family is one of the most meaningful reasons to immigrate to the United States. The U.S. immigration system provides various opportunities for family members to obtain legal residency through sponsorship by a citizen or lawful permanent resident. However, the process comes with challenges, including wait times, documentation requirements, and legal hurdles.
At Ibrahim Law Global, we understand the importance of keeping families together. Our experienced immigration attorneys can guide you through the process, ensuring that your application is handled efficiently and accurately.
What is a Family-Based Visa?
Family-based visas—commonly known as green cards—allow U.S. citizens and lawful permanent residents (LPRs) to sponsor their immediate relatives for immigration to the United States. A lawful permanent resident (LPR) is a non-citizen who has been granted the right to live and work in the U.S.
Close family members eligible for sponsorship include spouses, children, parents, and siblings. The U.S. Citizenship and Immigration Services (USCIS) does not impose annual limits on visas for immediate relatives of U.S. citizens, but family preference visas have numerical caps, which can lead to longer wait times.
Eligibility for Family-Based Immigration
There are two main types of family-based visas. These include immediate relatives and family preference. Immediate relative visas are available for a close family member of a U.S. citizen. A family preference visa is designed for close relatives of legal permanent residents and more distant relatives of U.S. citizens.
U.S. citizens may file a petition for a spouse, child, parent, or sibling. A legal permanent resident may file a petition for a spouse or an unmarried child.
How Long Does it Take to Get a Family-Based Visa?
The processing time for a family-based visa varies based on the relationship and the visa category. Immediate relative visas typically take 11 to 13 months, while family preference visas can take several years or even decades due to visa caps.
For example:
- Spouses and minor children of U.S. citizens generally have the shortest wait times.
- Adult children and siblings of U.S. citizens may wait several years due to visa backlogs.
- International adoptions can take more than 49 months to process.
With an estimated 4 million people waiting for family-based visas, it’s essential to prepare your application properly to avoid unnecessary delays.
Requirements for a Family-Based Visa
To apply for a family-based visa, the petitioner (U.S. citizen or LPR) must file Form I-130, Petition for Alien Relative, with USCIS. Along with the petition, applicants must submit supporting documentation, such as:
- Passport
- Birth certificate
- Marriage certificate (if applicable)
- Divorce decree (if previously married)
- Proof of relationship (photos, messages, joint financial documents)
- Medical examination results
- Police or background check
- Affidavit of Support (Form I-864)
An immigration attorney can ensure that all required documents are included to prevent unnecessary delays.
Biometric Services Appointment
Most visa applicants must attend a biometrics services appointment, where USCIS collects fingerprints, photographs, and a digital signature for background checks. Applicants should:
- Bring a valid photo ID (passport, driver’s license, or state-issued ID)
- Carry a copy of their application
- Arrive on time to avoid rescheduling delays
While an attorney is not required at this appointment, consulting with one beforehand can help ensure you’re fully prepared.
The Family-Based Visa Interview
Once USCIS processes the application, the petitioner and beneficiary must attend an in-person interview at the nearest USCIS field office or U.S. embassy. The interview assesses the legitimacy of the relationship and the applicant’s eligibility for immigration benefits.
Key points to remember:
- Be prepared to answer questions about your relationship history.
- Bring original documents as evidence of your relationship.
- If applying for a spouse visa, you must prove that your marriage is legitimate (not solely for immigration purposes).
If the interview goes well, the visa may be approved on the spot or shortly afterward. If additional information is needed, USCIS may issue a Request for Evidence (RFE), which must be responded to promptly.
Contact Hirsch Law Group Today
Navigating the family-based immigration process can be overwhelming, but you don’t have to do it alone. At Ibrahim Law Global, we are committed to helping families reunite in the U.S. Our experienced immigration attorneys can guide you through the process, handle legal challenges, and ensure your application is as strong as possible.
Contact us today at (708) 584-3043 to discuss your case and start your immigration journey with confidence.