Bringing Family Members to the U.S.: Family-Based Immigration Legal Guidelines

Melinda Hilpert
Published Aug 2, 2024

Bringing Family Members to the U.S.: Family-Based Immigration Legal Guidelines

If you're an American citizen or a lawful permanent resident, you might have the chance to help your relatives come live in the United States as permanent residents, which means they'll get what's called a Green Card. Here's what you need to know:
 

Types of Visas for Family Members:


1. Immediate Relative Visas: These are for the nearest family members of U.S. citizens, such as a husband or wife, kids who aren't married and are younger than 21, or your parents. There's no limit to how many of these visas are available.
 
  • Spouse visas are called IR1 or CR1.
  • Visas for kids are IR2.
  • Parents get an IR5 visa.

2. Family Preference Visas: These visas are for other relatives but there are only a certain number available each year.
 
  • Adult kids who aren't married (21 or older) can get an F1 visa.
  • If your kids are married, they can apply for an F3 visa.
  • Brothers and sisters can apply for an F4 visa.

For legal permanent residents (Green Card holders), they can also bring over their family but there are limits as well:
 
  • F2A visas are for the spouse and children (under 21 and not married).
  • F2B visas are for unmarried children who are 21 years of age or older.
 

How to Apply for Your Relative:


To start the process, you'll need to fill out a form called Form I-130 for each relative. This can be done online or by mail. 

Once that's done, both you and your family member have steps to follow. If your relative is already in the U.S., the process they’ll go through is called "Adjustment of Status." If your relative is outside the U.S., they'll go through "Consular Processing."

There are more steps in the visa process, including:
 
  • Working with the National Visa Center (NVC).
  • Paying necessary fees.
  • Gathering all the required documents.
  • Preparing for an interview.
  • Each step has to be completed before your family member can come to the U.S.

Remember, this process was last updated on December 8, 2023, on the USAGov website, and it could change. Always check for the most current information. 

If you have questions, you can call or chat with USAGov for free help.

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