Which Family Members Can U.S. Residents Sponsor for Immigration?

 Posted on June 14, 2023 in Immigration

Immigrating to the United States can be a dream come true for many people. For many U.S. residents, sponsoring their family members for immigration is a top priority. By bringing their loved ones to the U.S., they can ensure that their family will remain close and help family members pursue opportunities for education, employment, and other benefits. However, there can be confusion over which family members can be sponsored and what requirements will need to be met when doing so. By understanding the different types of family-based visas that are available, families can determine their best options for addressing immigration issues.

Visas for Spouses

U.S. citizens and permanent residents can sponsor their spouses for visas. However, the types of visas available and the wait times that may apply can vary depending on several different factors. A U.S. citizen can sponsor their spouse for an Immediate Relative (IR) visa, which will usually be immediately available as long as all other requirements have been met. If a person is a lawful permanent resident with a valid Green Card, they can sponsor their spouse for a Family Preference (F) visa. A limited number of F visas are available each year, and they are issued based on an order of preference. Visas for spouses of Green Card holders fall into the second preference (F2A) category of Family Preference visas.

Visas for Children

IR visas are available for children of U.S. citizens, as long as the children are not married and are under the age of 21. If children do not meet these requirements, they may be able to receive F visas. The first preference category (F1) of Family Preference visas includes unmarried adult children of U.S. citizens. The second preference category includes children of lawful permanent residents, with F2A visas applying to unmarried minor children and F2B visas applying to unmarried adult children. The third preference category (F3) includes married children of U.S. citizens.

Visas for Siblings and Parents

A U.S. citizen can sponsor parents for IR visas, as long as the citizen is over the age of 21. F visas may also be available for brothers and sisters of U.S. citizens who are at least 21 years old. However, these visas are in the fourth preference category (F4), so they may require extensive wait times before a visa becomes available.

Visas for Fiancé(e)s

In cases where a U.S. citizen is engaged to a fiancé(e) who is outside the U.S., they may sponsor the fiancé(e) for a K visa. This is technically a non-immigrant visa that will allow the fiancé(e) to enter the United States temporarily, and they will be able to remain in the country for 90 days. However, since the purpose of this visit to the U.S. will be for the couple to get married, once the marriage has occurred, the couple can apply for an adjustment of status, and the foreign spouse will receive a conditional Green Card.

Contact Our Plano Family Immigration Lawyer

Sponsoring a family member for immigration can be a complex and time-consuming process, but it can also be incredibly rewarding. At the Law Office of Jae Lee, our Dallas family visa attorney can provide guidance on the types of visas that may be available for family members and the requirements that U.S. citizens or lawful permanent residents will need to meet when providing sponsorship for immigration. To learn more about how we can help your family address your immigration needs, contact us at 214-295-3014 and arrange a free consultation today.