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Family Preference Visas

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Uniting Loved Ones: The Power of Family Preference Visas

The USCIS offers family-based preference visas for close family relatives of Lawful Permanent Residents (LPRs) and US citizens who do not meet the definition of an “immediate relative” as per the Immigration and Nationality Act. This visa, which is available in four categories (F1-F4), is designed for various family relationships:

  1. F1 or Family First Preference for unmarried children (21 and older) of U.S. citizens and their minor children.
  2. F2 or Family Second Preference for LPR’s spouses, minor children, and unmarried children aged 21 and above.
  3. F3 or Family Third Preference for married children of US citizens, along with their spouses and children.
  4. F4 or Family Fourth Preference for siblings of US citizens of 21 years or older, including their spouses and minor children.

The number of visas granted in each preference category is limited yearly, ranging from 23,400 to 114,200.

As a leading immigration law firm, the Law Offices of Mary Kennedy recognizes the significance of family and the wish to reunite with loved ones in the United States. Our skilled immigration attorneys are committed to assisting you through every stage of the Family Preference Visa process.

Family Preference Visas: Eligibility Criteria

When it comes to Family Preference Visas, each category has specific qualifications based on the relationship between the foreign family member and the US petitioner. Here’s a list of the general eligibility criteria for each Family Preference Visa category:

Qualifying Family Relationship

The beneficiary must have a qualifying family relationship with the sponsoring US citizen or LPR, aligning with the preference category’s specifications.

Financial Sponsorship

The sponsor must have the financial means to fulfill the minimum income requirement and financially support the beneficiary 125% above the US poverty line.

Age Bracket

Sponsors and beneficiaries must fulfill the age requirement for F1, where the children must be 21 or older, and the F4 category, where the US citizen sponsor must be at least 21 years of age.

Marital Status

Sponsors and beneficiaries must adhere to all categories' specific marital status requirements.

Admissibility to the United States

Beneficiaries must be admissible according to US immigration laws. To ensure this, they must undergo background checks and meet all health requirements.

Visa Availability

The Visa number must be accessible within the appropriate preference category. The waiting periods differ based on the category and the applicant’s country of origin.

Filing of Proper Documentation

All crucial documents, including Form I-130 or Petition for Alien Relative and supporting documents to prove the qualifying relationship, must be submitted before the stipulated date.

Immigration Compliance

The beneficiary must be free of any violations of US immigration laws. Any violation would disqualify them from applying for the visa.

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Family Preference Visas: Required Documents

The specific document requirements may vary depending on individual circumstances. However, all individuals applying for Family Preference Visa applications must submit the following documents to the USCIS:

  • Form I-130 or Petition for Alien Relative
  • Proof of petitioner’s U.S. Citizenship or LPR Status
  • Proof of relationship between petitioner and beneficiary
  • Beneficiary’s passport
  • Passport-size photographs as per USCIS photo regulations
  • Evidence of prior name changes, if applicable
  • Proof of beneficiary’s legal entry to the US, if applicable
  • Affidavit of Support or Form I-864
  • Medical Examination Report or Form I-693
  • Police clearance certificates
  • Visa application Form DS-260

Client Testimonials

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Arun Kumar Reddy

Thanks Team, you are amazing. Mary and Team have handled my H1B transfer very efficiently, and I got my approval in 8 days without RFE. I would highly recommend Attorney Mary to all, since they are highly capable of handling complicated cases.
5/5
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Afzal Karim

Law office of Mary Kennedy was very professional and friendly , Attention to detail , responsiveness and very knowledgeable, My process has been extremely smooth and I would highly recommend them . Thank you for all your support
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Vinu Reddy

I am incredibly grateful to Law Offices of Mary Kennedy for their outstanding service. They helped me navigate immigration process smoothly and successfully. I would highly recommend them to anyone seeking legal assistance in immigration matters. Thank you, Law Offices of Mary Kennedy for your expertise and support!
5/5
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Agathya Prabhu

Very approachable and well-informed. Carefully explained different options regarding my visa, offering clear guidance and helping to improve understanding. Highly recommend.
5/5

Family Preference Visas: The Benefits

Apart from laying the grounds for reuniting your family and ensuring a stable future in the US, the Family Preference Visa also comes with the following advantages:

Provides access to US social services and healthcare

Enables inclusion of spouses and children in the petition

Provides long-term security and stability for loved ones

Enables your family to live, work, and study in the US

Enables you to apply for US Citizenship

Allows you to apply for legal residency for family members in the US

Family Preference Visas: More Details

How do Family Preference Visas and Immediate Relative Visas differ?

US citizens can use the immediate relative visa to bring their spouses, parents, and unmarried minor children to the country. This visa has no yearly cap on the number issued.

A Family Preference Visa, on the other hand, can be used by Lawful Permanent Residents for their distant relatives, such as unmarried or married children, siblings, and family members.

What is the processing duration for a Family Preference Visa?

The processing time may take several months or years, depending on the visa category and country of origin. Besides, this visa is subject to an annual cap, which can lead to backlogs and delays in the process.

What should I do if my relationship status changes during the visa process?

If you get married, divorced, or attain 21 years of age during the visa processing, it can affect your eligibility. You should also notify the USCIS of any such changes. It also helps to consult your immigration attorney to understand the impact and decide the best way to proceed with your case.