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complex visas
green card USA

Family reunification in the United States

 
Immigration Lawyer

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The U.S. immigration policy, specifically the U.S. Immigration and Nationality Act, allows certain categories of relatives of U.S. citizens and permanent residents (Green Card holders) to utilize the U.S. family sponsorship program. There are different types of family reunification, namely category-based and non-category-based family reunification. What is the difference?

The difference is that if family reunification occurs by categories, the waiting process is lengthy.

If family members reunite without a category, these are so-called immediate family members (spouses, unmarried children under 21, parents), the process takes only a few months.

Family reunification with a Green Card. Under U.S. law, Green Card holders can file a petition for an immigrant visa to reunite with relatives:

  • Spouses (including same-sex marriage),
  • Children under 21,
  • Unmarried children over 21.

A U.S. citizen can file a petition for an immigrant visa for relatives, which include:

  • Spouses (including same-sex marriage),
  • Children under 21,
  • Parents (including adoptive),
  • Unmarried children over 21 and their children
  • Married children over 21 and their children
  • Widows and widowers, if widowed in the previous two years
  • Siblings and their spouses and children

The process and conditions for reviewing a petition for an immigrant visa directly depend on the preference category to which the relative belongs.

  1. Category F1 – unmarried children of a U.S. citizen over 21.
  2. Category F2: spouse, children under 21 of U.S. Green Card holders (F2A), unmarried children over 21 of U.S. Green Card holders (F2B).
  3. Category F3 – married children over 21 of U.S. citizens.
  4. Category F4 – siblings of a U.S. citizen and their unmarried children under 21.

The applicant is also subject to a number of requirements. They must provide proof of their status as a U.S. citizen or permanent resident (Green Card holder). The Code of Federal Regulations specifies the primary evidence for a U.S. citizen petitioning for an immigrant visa for relatives.

Relative’s Status in the U.S. Who Can Immigrate to the U.S. Overall Process Duration Time Until Petition for Status Change When in the U.S.
Green Card Children under 21 1 – 2 years Immediately
Green Card Spouses (including same-sex marriage) 1 – 2 years Immediately
Green Card Unmarried children over 21 (and their own children) 5 – 6 years 5.5 years
U.S. Citizenship Children under 21 6 – 12 months Immediately
U.S. Citizenship Spouses (including same-sex marriage) 6 – 12 months Immediately
U.S. Citizenship Widows and widowers, if widowed in the previous two years 6 – 18 months Immediately
U.S. Citizenship Parents, including stepparents, provided the U.S. citizen is already 21 years old 6 – 12 months Immediately
U.S. Citizenship Unmarried children over 21 (and their own children) 6.5 years (May be shorter if U.S. citizenship is obtained during the reunification process) 5.5 years
U.S. Citizenship Married children over 21 (and their spouses and own children) 12.5 years 11.5 years
U.S. Citizenship Siblings (and their spouses and own children) provided the U.S. citizen is already 21 years old 14.5 years 13.5 years

Processing Immigrant Visas for Family Reunification

The procedure for obtaining an immigrant visa for relatives of U.S. citizens begins with filing Form I-130 with the necessary documentation package to the regional immigration service and confirming family relationships. The immigration procedure is a joint effort of the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State for visa issuance upon petition approval. You can move to live in the U.S. only by completing the entire process.

You can learn all the details of the family reunification process with a Green Card at our office by consulting with an immigration law specialist. You will get answers to all your questions, and the relocation process will become clearer and more feasible.

Examples of Recent U.S. Visas Obtained Through Vizaus Visa Center

Video Guide for Obtaining a U.S. Visa

Having Trouble Understanding?

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