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family visa

What Exactly Is A Family Visa and Who Qualifies?

Family unity is one of the primary goals of United States immigration policy. A foreign citizen who wants to live or work in the United States must apply for an immigrant visa. There are 2 main categories of immigration visas: family visas and employment visas. U.S. Citizenship and Immigration Services (USCIS) requires that to live permanently in the U.S. under a family visa, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or a green card holder (U.S. Lawful Permanent Resident).

Types Of Family Based Immigrant Visas

There are two types of family-based immigrant visas:

Immediate Relative
These visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.

Family Preference
These visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

Who Can Sponsor a Family Member Visa?

U.S. citizens can file an immigrant visa petition for their:

  • Spouse
  • Son or daughter
  • Parent
  • Brother or sister

U.S. Lawful Permanent Residents can file an immigrant visa petition for their:

  • Spouse
  • Unmarried son or daughter

There are many misconceptions about family visas. Many people ask if there is a family visa that covers an entire family.

Can A Whole Family Apply for Immigration On A Single Family Visa?

USCIS does not have a single visa that applies to a whole family. Each member of the family will need to have their own visa and submit a visa application. According to USCIS regulations,

Children must have their own passport, visa or other international entry documentation required of adults. 
The following USCIS guidelines are for families applying to immigrate to the United States. A “child” is usually defined as someone under the age of 21 and unmarried.
  • Typically, when a lawful permanent resident (or “green card holder”) seeks to petition for a foreign spouse and an unmarried child under the age of 21, they only need to submit a single Form I-130 (“Petition for Alien Relative”).
  • When it is time for a child to apply for their green card, they will need to complete separate forms from their spouse.
    • If the child is adjusting their status within the United States, they will need to file their own I-485 (“Application to Register Permanent Residence”) or Adjustment Status.
    • If they are applying from outside the U.S., they will need to complete their own DS-260 (“Immigrant Visa Online Application”).

Family Immigration Lawyer Mario Godoy

Immigration laws are complex and change frequently. It is important to know and understand updated laws to make sure you are making the decisions that are right for your family. An experienced family immigration lawyer can help your family achieve the American Dream.

The skilled immigration lawyers at Godoy Law Office can answer any questions about citizenship and immigration and guide you through every step of the citizenship process. Call us today at 630-345-4164.

We help clients in all 50 states.

We Help Immigrants Make America Home

Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

Lead Counsel Rated
expertise
Illinois State Bar Association
American Immigration Lawyers Association
ASLA
DCBA