Understanding Family Preference Categories for Family-Based Visas

 Posted on August 29, 2022 in Immigration

Having a family member who is a U.S. citizen, or in some cases, a lawful permanent resident, can provide you with a path to U.S. citizenship too. There are generally two main types of family-based visas. There are visas based on immediate family members, like a spouse or sometimes a parent or child, who is already a citizen. There are also what are called family preference categories that could allow you to obtain a visa based on the citizenship of even more relatives.

If you are eligible for a family preference visa, you will need to start by establishing the familial relationship with their help using Form I-130, a Petition for an Alien Relative. It is important to have an attorney local to the area your qualifying relative lives in helping you, as U.S. immigration law can be incredibly complex.

Family Preference Categories That Could Help You Immigrate

You will notice that most of these categories would be socially considered “immediate family members.” It is important to confirm whether the citizen family member who can sponsor you falls under the immediate family categories or family preference category, as the forms you need depend on this distinction. For immigration purposes, you may be eligible to obtain a family preference visa if you are related to a U.S. citizen as their:

• Son or daughter - Adult children of U.S. citizens who are unmarried and at least 21 years old may be eligible for a visa.
• Spouse - Spouses of lawful permanent residents (rather than citizens) may be able to immigrate based on their marriage relationship.
• Adult children of permanent residents - The children of a permanent resident who are at least 21 years old and unmarried may qualify under family preference rules.
• Children - Minor children of permanent residents are typically able to obtain a visa to join their parent.
• Adult children of citizens - Even if you are married, if your parent is a U.S. citizen you may be able to immigrate using this relationship.
• Siblings - If you are the brother or sister of a citizen, this relationship could qualify you for a family preference visa.

Even if you do not count as an immediate relative for immigration purposes, you may still be able to obtain a family-based visa under the family preference categories.

Call an Illinois Immigration Lawyer

Mevorah & Giglio Law Offices is committed to helping the close family members of U.S. citizens and permanent residents join their relatives in the United States. Our knowledgeable Bloomingdale immigration attorneys will strive to find you a path to lawful presence in the U.S. Call 630-932-9100 for a free consultation.