Family-Based Immigration

Description

Family Immigration to the United States: Comprehensive Overview

Immigrating to the United States is a dream for many individuals worldwide, particularly when it comes to family reunification. In this article, we will delve into all aspects of family immigration to the U.S., including visa types, immigrant requirements, and the application process.

Eligibility for Visas:

First Group: Immediate relatives of U.S. citizens comprise the initial group of immigrants receiving visas without annual immigration quota restrictions. This group includes spouses of U.S. citizens (IR-1), minor children of U.S. citizens (IR-2), orphans adopted by U.S. citizens abroad (IR-3) or within the U.S. (IR-4), as well as adult parents of U.S. citizens (IR-5).

Second Group: Immigration for families follows preference categories:

• First category (F1): Unmarried children and daughters of U.S. citizens, along with their minor children (including adopted ones). Quota of 23,400 visas per year. Waiting period of 1-5 years.
• Second category (F2): Overall quota of 114,200 visas per year.
  • (F2A) Spouses and minor children of U.S. permanent residents. 77% of available visas in this category are reserved for spouses and small children, with 75% having no country restrictions. Waiting period of 1-2 years.
  • (F2B) Unmarried adult children of U.S. permanent residents. Quota of 23% from the total F2 category. Waiting period of 3-7 years.
• Third category (F3): Married children and daughters of U.S. citizens, their spouses, and minor children. Quota of 23,400 visas per year. Waiting period of 7-12 years.
• Fourth preference category (F4): Brothers and sisters of U.S. citizens, their spouses, and minor children (under 21 years old). Quota of 65,000 visas per year. Waiting period of 7-13 years.

These four categories represent distinct priorities for family immigration to the U.S. Each defines the category of relatives eligible to apply for visas and the number of available visas annually. Waiting times may vary based on category and application volume, so it is recommended to check the latest information with relevant authorities.

Reunification Period: The duration of family reunification depends on the degree of relationship and the status of the family member residing in the U.S., ranging from 12 months to 13 years, especially for countries with low immigration levels to the U.S.

Fiancé/Fiancée Visa in the U.S.: For family reunification, a fiancé or fiancée visa (K1) may be suitable. The K-2 visa is available for unmarried children of the fiancé/fiancée. Registration takes 4 to 14 months, with a mandatory condition of the fiancé and fiancée meeting within 2 years before filing the application. After entering the U.S., the visa holder must leave the country or get married within 90 days. Changing status for other reasons or marrying for immigration purposes is not allowed.

K-3/K-4 Visas for Spouses and Children: These visas are issued to spouses of U.S. citizens (K-3) and their unmarried or married children under 21 (K-4), accompanying the holder of the K-3 visa.

Those who have filed a petition for family member immigration (I-130) can apply for this visa. Registration takes 4-6 months and is done using Form I- 129F. Visa holders can expect approval of an immigration visa in the United States. The visa is multi-entry and valid for 2 years, with the possibility of extension.

Reunification Procedure:

1. Collection and preparation of necessary documents in accordance with the instructions of the U.S. Citizenship and Immigration Services (USCIS).
2. Submission of an immigration petition by the American family member to the U.S. Immigration Service or abroad.
3. Waiting for USCIS decision.
4. Queue waiting, if falling under a limited family immigrant category.
5. Receiving information about the assigned case number and instructions from the National Visa Center (NVC).
6. Preparation of necessary documents and undergoing a medical examination.
7. Interview at the U.S. immigration service or at the consulate/embassy when obtaining an immigration visa.

Exclusions from Entry to the U.S.:

• Individuals who have violated U.S. laws or laws of other countries in the past.
• Individuals associated with terrorism or extremist activities.
• Individuals suffering from diseases hazardous to society, such as tuberculosis or COVID-19.
• Individuals suffering from mental illnesses.

Applying for family immigration to the U.S. may be a complex process, but with the right approach and thorough preparation, you can successfully relocate with your family.