FAMILY BASED IMMIGRANT VISA ( FBIV )

Family based visas are given to individuals who have a close relationship to a US Citizen or permanent resident, unless an individual is an immediate relative (spouse, parent or minor (under 21) child of a US citizen), he/she is subject to an annual numerical quota limitation under visa issuance guidelines published identified monthly by the US Department of United State of America.

Immigrant visas for family-based are classified into two parts:

Immediate Relative: These visas are based on a close family relationship with a citizen of the United States, such as a spouse, kid, or parent. Each fiscal year, the number of immigrants in these categories is not restricted.

Family Preference Visas: These visas are for certain, more distant family relations with a US citizen, as well as some specific relationships with an Lawful Permanent Resident (LPR). Each fiscal year, the number of immigrants in these categories is restricted.

Remember that US citizens can apply for an immigration visa for their:

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

Only US LPRs (Lawful Permanent Residents) can file an immigrant visa petition for the following reasons:

• Spouse
• Unmarried son or daughter

What you should know before applying:

• If you have immediate or extended family members who are either Green Card holders or US citizens, you can apply for this visa
• Green card holders in the United States can petition their spouses or unmarried children (under 21).
• Parents, children, and siblings of US citizens can file a petition.
• Sponsors must be over the age of 21.
• Proof that the sponsor is a relative is required.

Who is eligible?

Immediate family and extended family. Other aunts, uncles, grandparents, in-laws, and cousins will not be permitted to sponsor LPRS and US citizens.

What are the requirements? 

• Various screenings, background checks, medical exams, and interviews were conducted.
• The sponsored relative must be at least 21 years old and live in the United States.
• Show proof of their relationship’s validity and meet the income requirements.
• A signed affidavit of support stating that the sponsor will be financially responsible for the applicant is required.
• All green card applications are also scrutinized by USCIS to see if the applicant would likely become a public charge who will require public support.

How long does it take to get a visa?

Depending on the applicant’s relationship with their sponsor, it could take years.