1. What is the difference between an IR and F category family-based visa?
An IR (Immediate Relative) category family-based visa is for spouses, children, and parents of U.S. citizens, and does not have any numerical limitations. An F (Family Preference) category family-based visa involves a specific number of visas per country and requires the petitioner to establish a qualifying relationship to the beneficiary (such as a sibling or a married daughter or son).
2. How long does it take to process a family-based immigration visa?
The processing time for a family-based immigration visa application varies depending on the type of visa and the country it is being applied for. Generally, it can take anywhere from 6 to 12 months to process a family-based immigration visa.
3. Can I bring my spouse and children with me when I apply for a family-based immigration visa?
Yes, you may bring your spouse and children with you when you apply for a family-based immigration visa. However, you must ensure that everyone who is coming with you has valid passports and the necessary documents to support the family-based immigration application.
4. Are there any special requirements for a family-based immigration visa?
Yes, there are several requirements for a family-based immigration visa. The foreign-born individual must have an eligible relative who is a U.S. citizen or lawful permanent resident. The applicant must also prove that the relationship is a legitimate one—such as a child, parent, sibling, or spouse—and that the relationship was established before the foreign-born individual turned 21. In addition, the applicant must pass a background check, prove that they have sufficient financial means to support themselves in the U.S., and meet certain health requirements.
5. Can I apply for a family-based immigration visa extension?
Yes. Depending on the type of visa you currently hold, you may be eligible to extend your visa. As the rules and regulations for family-based immigration visas vary, it is best to review your current visa type and contact a lawyer for more information on the extension process.
6. How do I know if I am eligible for a family-based immigration visa?
You can determine your eligibility for a family-based immigration visa by talking to a qualified legal professional. Your eligibility will depend on the relationship between you and the person sponsoring you, as well as other factors such as your criminal history, financial stability, and more.
7. What documents do I need to provide to apply for a family-based immigration visa?
Depending on the type of family-based visa you are applying for, you may need to provide a variety of documents. Generally, you will need to provide proof that you are related to your family member in the United States (such as birth or marriage certificates), as well as evidence of financial support (such as tax returns and bank statements). Additionally, you may need to provide evidence of your identity (such as a passport or driver’s license), proof of your intention to return to your home country after your visit (such as an employment contract or proof of ownership of property there), and other supporting documents specific to the type of visa you are applying for.
8. What types of visas are available for immediate family members?
Immediate family members can apply for the following visas:
– Immediate relative immigrant visa (IRIV)
– K3/K4 visa
– Fiancé(e) (K1) visa
– K-2 visa
– V visa
– Refugee/Asylee relative petition (Form I-730)
9. Who will be considered an immediate family member for a family-based visa?
Immediate family members typically include a spouse, children, and parents of the visa holder. Other family members such as siblings, aunts, uncles, grandparents, and other related individuals may also qualify, depending on the circumstances.
10. Does the US Government require a criminal background check for a family-based immigration visa?
Yes, the U.S. government requires a criminal background check for a family-based immigration visa. This is done by the U.S. Department of State and is done to ensure that individuals who are applying for family-based immigration visas do not have a criminal history that could be a cause for concern or a threat to the security of the United States.
11. What is the income requirement for a family-based immigration visa?
The income requirement for a family-based immigration visa can vary depending on the type of visa being sought and the size of the family. In general, the sponsoring relative must show that they have enough income to support their family at 125% of the US poverty guidelines. This means that in 2021, the sponsor must have an annual income of $21,137 for a family of two, $27,941 for a family of three, and so on.
12. Can I bring my extended family members with me when I apply for a family-based immigration visa?
No. Only immediate family members are allowed to accompany the principal applicant when they apply for a family-based immigration visa. Immediate family members are defined as the principal applicant’s spouse, children, and parents.
13. Where can I find more information on family-based immigration visas?
You can find more information on family-based immigration visas and the process of applying for them on the U.S. Citizenship and Immigration Services website. There, you can find specific information about the types of family-based immigration visas available, requirements for each visa type, and step-by-step instructions on how to apply. Additionally, you can contact your local USCIS field office for more detailed information or assistance.
14. Can my US citizen spouse sponsor me for a family-based visa?
Yes, your US citizen spouse can sponsor you for a family-based visa. The US Department of State offers a variety of family-based visas, including the K-1 Fiancé(e) Visa, the K-3 Spouse Visa, and the IR-1/CR-1 Immediate Relatives Visa.
15. What is the process to renew a family-based immigration visa?
The process for renewing a family-based immigration visa varies depending on the type of visa, but generally speaking, applicants must complete an application form, provide necessary documents and evidence to support their eligibility, pass a background check, and pay applicable fees. They may also be required to attend an interview with a consulate or immigration official.
16. Is there an age limit to apply for a family-based immigration visa?
Yes, the applicant must be 21 years of age or older in order to apply for a family-based immigration visa.
17. How many family-based immigration visas are issued each year?
In fiscal year 2018, the U.S. issued more than 600,000 family-based immigration visas. This number includes both immigrant and non-immigrant visas.
18. Does the US Government require a medical examination for a family-based immigration visa?
Yes, the US Government requires a medical examination for family-based immigration visas. The medical examination must be conducted by a medical professional designated by the US Embassy or Consulate. The results of the medical exam must be submitted to the US Embassy or Consulate as part of the visa application process.
19. Are there any special considerations when applying for a family-based immigration visa from certain countries?
Yes, when applying for a family-based immigration visa from certain countries there are special considerations that must be taken into account. These can include language barriers, cultural differences, and potential discrimination based on gender, religion or ethnicity. Additionally, some countries have special restrictions or requirements for family-based visas, such as proof of financial ability to support the family or a minimum level of education.
20. What is the difference between a conditional and permanent residency green card obtained through a family-based immigration visa?
A conditional residency green card is granted to family members of U.S. citizens or lawful permanent residents when the family relationship is less than two years old. The holder of the conditional green card must file an application to remove the conditions within 90 days prior to the two-year anniversary of their conditional status.
A permanent residency green card obtained through a family-based immigration visa is granted to family members of U.S. citizens or lawful permanent residents when the family relationship is two years old or more. This type of green card does not have a time limit and allows the holder to remain in the U.S. indefinitely.