Understanding the intricacies of the US Family Visa process can be quite daunting. However, this comprehensive guide aims to demystify every aspect of the procedure and provide you with clear, concise, and accurate information that will ease your journey towards obtaining a US Family Visa.
So, what is a US Family Visa? The US Family Visa is a type of visa that allows foreign nationals to legally immigrate to the US for the purpose of living with their US citizen or lawful permanent resident family members.
Understanding US Family Visa
Types of US Family Visas
Broadly, US Family Visas can be categorized into two main types: Immediate Relative Visas (IR) and Family Preference Visas (F).
Immediate Relative Visas (IR) are unlimited, meaning there’s no cap on how many visas can be issued in a year. These visas are available for close family relations of US citizens, including:
- Spouses (IR1)
- Unmarried children under 21 (IR2)
- Orphans adopted abroad by a US citizen (IR3)
- Orphans to be adopted in the US by a US citizen (IR4)
- Parents of a US citizen who is at least 21 years old (IR5)
Family Preference Visas (F) are for distant family relationships with a US citizen and some specific relationships with Lawful Permanent Residents (LPRs). They are:
- Family First Preference (F1): Unmarried sons and daughters of US citizens, and their minor children.
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (21 years of age and older) of LPRs.
- Family Third Preference (F3): Married sons and daughters of US citizens, and their spouses and minor children.
- Family Fourth Preference (F4): Brothers and sisters of US citizens, and their spouses and minor children, provided the US citizens are at least 21 years old.
Understanding these categories is a critical step in your journey to securing a US Family Visa, as each has unique requirements and procedures.
Comprehensive Guide on US Family Visa
The US Family Visa process typically follows a set of general steps, which are detailed below:
- Filing the Petition: The US citizen or lawful permanent resident sponsor must file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). This serves as the first formal step in the process.
- Waiting for Decision on Petition: Once the USCIS receives your petition, they will review it. Upon approval, your case will be sent to the National Visa Center (NVC).
- Visa Application: When an immigrant visa number becomes available, the NVC will invite the applicant to complete Form DS-260, Immigrant Visa and Alien Registration Application.
- Interview: The consular office will schedule an interview. The applicant must bring all necessary documents to the interview.
- Visa Granted: If the interview is successful, the applicant will be granted a visa.
- Travel to the U.S.: The visa holder can now travel to the U.S. and become a lawful permanent resident immediately upon entry.
Conclusion
The process of applying for a US Family Visa is complex and multifaceted. Understanding the requirements, process, and potential obstacles can be crucial for a successful application. We hope that this comprehensive guide provides valuable information to help navigate the often daunting journey. Remember, it’s essential to keep up-to-date with the latest immigration laws and policies, as they are subject to change. We wish you the best of luck on your immigration journey.
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FAQs About US Family Visa
How long does it take to process a US Family Visa?
The processing time for a US Family Visa can vary based on the category of visa and the country of origin. Immediate Relative Visas generally have shorter wait times, while Family Preference Visas could have waiting periods from a few months to several years.
Can a Green Card holder apply for a Family Visa for their spouse or child?
Yes, Green Card holders, or lawful permanent residents, can apply for Family Second Preference (F2) Visas for their spouse and unmarried children.
Can I work in the U.S. with a Family Visa?
Once a Family Visa holder enters the US, they become a lawful permanent resident and can work in the U.S. You can also apply for a work permit while your visa application is being processed.
What is the cost of a US Family Visa application?
The cost of a US Family Visa application includes the filing fee for the Form I-130 (currently $535 as of my knowledge cutoff in September 2021), as well as fees for visa processing at a U.S. embassy or consulate. The exact cost can vary based on individual circumstances.
Can I apply for a Family Visa while in the U.S. on a tourist visa?
This can be a complex issue and is usually not recommended due to the concept of “preconceived intent.” If you enter the U.S. on a tourist visa with the intention to immigrate, this can be considered visa fraud.
What happens if my US Family Visa application is denied?
If your application is denied, you will receive a letter that will tell you why the application was denied. You can appeal the decision within a certain period or correct the issue and reapply.
