Family Preference Visas

San Jose Family Preference Visa Attorneys

Sponsor Your Relatives for Lawful Permanent Residence

If you are a U.S. citizen or a Lawful Permanent Resident (LPR) with a green card, you may petition to sponsor certain relatives under one of the four family-based preference categories. Our legal team at Yew Immigration Law Group, a P.C., brings years of experience and expertise in immigration law. We’ve successfully handled countless family preference visa cases and guided clients every step of the way.

Who Is Eligible For A Family Preference Visa?

Family-based preference category visas are for close family members of U.S. citizens or LPRs who do not qualify as an “immediate relative” under the Immigration and Nationality Act. There are annual limits (“visa quotas”) and per-country limits for these family-based preference category visas. Therefore, these visas require a longer wait for their availability. In some countries, the wait time can be 20 to 30 years.

There are four family-based preference visa categories, which are as follows:

  • Family First Preference (F1) – For unmarried children of U.S. citizens who are 21 years old and up and their minor children, if any. A maximum of 23,400 visas may be claimed each fiscal year.
  • Family Second Preference (F2) – For the immediate family members of LPRs. These include their spouses, minor children, and unmarried children aged 21 or older. A maximum of 114,200 family-preference visas may be submitted each fiscal year.
  • Family Third Preference (F3) – For the married children of U.S. citizens and their spouses and children. A maximum of 23,400 visas may be submitted each fiscal year.
  • Family Fourth Preference (F4) – For the brothers and sisters of U.S. citizens and their spouses and minor children. The U.S. citizen must be at least 21 years of age. A maximum of 65,000 family-preference visas may be submitted per fiscal year.

Important note: Grandparents, aunts, uncles, in-laws, and cousins may not sponsor a relative for immigration. Unmarried children of LPRs (F2) will lose their petition if they marry while it is pending, since there is no family-preference visa category for married children of LPRs.

How Does One Apply For A Family Preference Visa?

The process of obtaining a family preference visa begins with a U.S. citizen or LPR filing Form I-130, Petition for Alien Relative. This form establishes the relationship between the petitioning U.S. citizen or LPR and the relative.

After submitting the petition, the file is assigned a priority date. Approval can take a few months or even years. The relative abroad, known as the “beneficiary,” must wait until the priority date is “current.” Only then may the beneficiary apply for Adjustment of Status (if already lawfully in the U.S.) or for an immigrant visa through consular processing (if they are abroad).

The U.S. Department of State publishes a monthly Visa Bulletin. It lists the current cutoff dates for each preference category and country of chargeability. When an immigrant’s priority date is earlier than or matches the date in the bulletin, a visa becomes available. For more information about the process, contact our family preference visa lawyer.

Because the demand for family preference visas is so high, family members of U.S. citizens or LPRs typically have to wait between 2 and 30 years for their priority date to become “current.” Wait time depends on the intending immigrant’s birth date, fluctuations in demand for family-preference visas, and the visa category.

Adjustment of Status

A relative who already resides in the United States under a different lawful status may qualify for adjustment of status when the priority date becomes current. This pathway allows an immigrant to apply for a Green Card without leaving the country. The process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services (USCIS). The applicant must attend a biometrics appointment to provide fingerprints, photographs, and/or a signature, and to undergo an interview with an immigration officer.

Consular Processing

A family member living abroad while waiting for a visa number must complete the immigration process through consular processing. When Form I-130, Petition for Alien Relative, is approved, USCIS sends it to the National Visa Center (NVC), where it remains until an immigrant visa number is available. NVC will notify the sponsor and the relative when a number is about to become available and when to submit fees and supporting documentation. You must notify NVC of a change of address or marital status, or if you reach the age of 21.

When a visa is available, or the priority date is current, the consular office schedules an interview. A consular officer processes the case and decides if the relative is eligible for an immigrant visa. If the visa is granted, the family member receives a sealed Visa Packet and pays a USCIS immigrant fee online. Upon arriving at a port of entry into the United States, the immigrant gives the sealed packet to a Customs and Border Protection Officer, who inspects the relative and decides whether to admit the relative as a lawful permanent resident. If admitted, the immigrant receives a Green Card in the mail.

Grounds of Inadmissibility

During adjustment of status and consular processing, immigration officers evaluate applicants for inadmissibility grounds. Although the law provides certain waivers, an applicant may still be denied entry due to health concerns, criminal convictions, or prior immigration violations. To support a waiver petition, the applicant must show that a qualifying U.S. citizen or lawful permanent resident would suffer extreme hardship if the government were to deny admission.

Requirements for Financial Support

The law requires that family-based immigrants have adequate financial support to avoid becoming public charges. The petitioning sponsor must file Form I-864, Affidavit of Support Under Section 213A of the INA with USCIS. This is a legally binding contract that holds the sponsor financially responsible, usually until the family member becomes a U.S. citizen or is credited with 40 quarters of work (usually 10 years).

The sponsor must show sufficient income or assets to maintain the relative being sponsored at a level equal to or above a certain percentage of the federal poverty guidelines. If the sponsor fails to meet these income thresholds, a joint sponsor can sign an additional affidavit of support.

Derivative Beneficiaries

The relative being sponsored in a family preference visa is known as the beneficiary. Family preference categories allow the beneficiary’s immediate family members to be included in the petition. These derivative beneficiaries have the same priority date as the principal beneficiary.

Which relatives are eligible as derivative beneficiaries depends on the visa classification.

  • In the F1 category, the primary beneficiary must be unmarried and may include minor children in the petition.
  • The F2 category allows lawful permanent residents to sponsor their spouses (primary beneficiaries) and unmarried children under 21 (derivative beneficiaries).
  • The F3 category is for married children of U.S. citizens and their spouses and children, who are the derivative beneficiaries.
  • The F4 category, for brothers and sisters of U.S. citizens at least 21 years of age, includes the siblings’ spouses and minor children as derivative beneficiaries.

What Documents Are Required for Family Petitions?

U.S. citizen and lawful permanent resident sponsors must provide documentation to establish their identities and prove their qualifying relationships. Certified translations must be provided for any documents not written in English. Although the required evidence can vary by visa category, most family petitions call for the following:

  • Proof of the sponsor’s U.S. citizenship or lawful permanent resident status.
  • Valid passport for the beneficiary (person being sponsored) and any derivative beneficiaries.
  • Birth certificates for the petitioner and the beneficiary.
  • Marriage certificates to validate any spousal relationships.
  • Divorce decree or death certificate to prove the termination of any prior marriage for either party in any spousal relationship.
  • Medical records of the examination of the applicant by a panel physician, approved by the U.S. Department of State to perform mandatory medical exams of individuals applying for immigrant visas outside the U.S.
  • W-2 forms and tax returns of the sponsor to support the financial affidavit.

Why Do You Need A Good Attorney For The Process?

Family-based visas are among the easier routes to obtaining a green card. However, due to visa quotas and per-country limits, obtaining a green card through this route can be slow and frustrating. Without proper legal counsel, many applicants are unaware that changes in age and marital status of the intending immigrant may impact his/her eligibility for one of these visas.

With so many factors at play, this is the reason you need an experienced San Jose family immigration lawyer on your side. We will help you and your family members navigate through this process and provide proper counsel along the way.

Our attorneys can evaluate your family relationships and identify the appropriate petition categories. We can prepare the documentation and manage communications with the Department of State and local immigration offices to keep your case moving forward efficiently. By utilizing attorneys for all client work, our firm ensures a high-quality end product and service, which also allows for a quick turnaround time. We can spot legal issues before the client even knows there is one.

Take The First Step To Help Your Family – Contact Us

If you are ready to file a family preference petition — or want to understand whether your family member qualifies and what the wait time might look like — Yew Immigration Law Group is here to help. Call 408-684-6704 or contact us online to schedule a consultation.