Tips for Family-Based Immigrant Visas

If you are a relative of a U.S. citizen wanting to obtain a visa, you will need to know about:

• limited and unlimited family-based immigration
• how to petition for a visa
• visa ineligibility/waiver
• documents needed for a visa application
• medical examinations
• visa fees
• numerical limitations

There are two categories of family-based immigration, unlimited and limited. Under the unlimited family-based immigration there are immediate relatives of U.S. citizens and returning residents. Immediate relatives (IR) includes the spouse, widow(er), unmarried children under the age of 21, and parents of a U.S. citizen over the age of 21. Returning residents or (SB) are those immigrants who had previous legal U.S. residence and are returning to the United States after visiting abroad for a year or more.

Limited family-based immigration falls under four categories. F1 or family first preference is visas allotted to unmarried sons and daughters of a U.S. citizen and their children. Family second preference or F2 includes minor children, spouses and unmarried sons and daughter over 20 years of age of a legal permanent resident of the U.S. It should be noted that 75% of visas in this category are awarded to spouses and children and approximately 25% are awarded to unmarried sons and daughters.

The other two categories of limited family-based immigration are family third preference and family fourth preference. F3 or family third preference includes married sons and daughters of a U.S. citizen, and their sons and daughters spouses and children. The last category is family fourth preference or F4. Individuals applying for this visa are brothers and sisters of a U.S. citizen 21 years old or older, and their brothers’ and sisters’ spouses and children.

Relatives of immigrants wanting to base their visa applications on one of the familial relationships listed above must petition the Immigration and Naturalization Service (INS). The U.S. citizen or permanent resident would need to obtain and submit Form I-130 to the INS. Once this is accomplished and the INS approves the petition, the INS will send the applicant a Form I-797 or notice of approval. The approved petition will also be sent to the Immigrant Visa Processing Center. Pertinent information regarding travel to the U.S. will then be sent to the foreign immigrant via the Immigrant Visa Processing Center.

To protect the welfare, health and security of the U.S. and its citizens, visas will not be awarded to those:

• with a communicable disease
• who are considered a danger due to a physical or mental disorder
• who are addicted to drugs
• who are former Nazi war criminals
• who have entered the U.S. illegally
• who are ineligible for U.S. citizenship
• who are serious criminals
• who are suspected terrorists or members of a totalitarian party

In order for a foreign physician to immigrate to the U.S. and practice medicine, he/she must pass an examination before a visa will be granted. The consulate office/officer in the individual’s country of origin would be able to advise those denied a visa if they would be eligible for some form of waiver.

Before a family-based immigration visa can be granted, the petitioner or U.S. citizen of the intended immigrant must provide and submit an Affidavit of Support or Form I-864. Certain documentation is necessary such as birth and police certificates and passports. Information can be gathered from the consular officer/office about what documentation is necessary to process their visa application.

Medical examinations and visa fees must be obtained before an immigrant visa can be issued. Examinations are usually performed by doctors commissioned by the consulate office in an immigrant’s country of origin. Visa fees are also necessary before an immigration visa is granted. For formal immigration visas, the application fee is $260 U.S. dollars and $65 U.S. dollars once the visa has been issued. All fees are non-refundable. The INS also charges additional fees.

If there were more applicants in one of the limited and un-limited family-based immigration categories than available visas, the category would be oversubscribed. Once a category is considered oversubscribed, family-based immigrant visas are issued in order of filing until the limit of available visas is reached. The date the petition is filed is the applicant’s priority date. Until an applicant’s priority date is met, an immigrant visa will not be allotted. There may be a several year waiting period for family-based immigration visas in certain oversubscribed categories. The latest, up-to-date priority dates can be viewed at the link shown below.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

It is strongly advised that since no assurances can be given regarding when a visa will be issued, those applying for a family-based immigration visa should not make travel arrangements, sell personal property, or leave their place of employment until they have their visa in hand.

Most individuals born in the U.S. can claim U.S. citizenship. Those born outside the U.S. may still be able to assert U.S. citizenship if:

1.      Either parent was born in the U.S.

2.      At the time of the applicant’s birth, either parent was a citizen of the U.S.

Before applying for a visa, an applicant must have their citizenship determined by the consular office in their country of origin.

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