Immigration through Family: Understanding Preference Categories

Immigration through Family

Married Sons and Daughters of U.S. Citizens (F3)

The “Married Sons and Daughters of U.S. Citizens” (F3) visa category is a family-based immigration option that allows the married sons and daughters of U.S. citizens to immigrate to the United States. Here are some key points about the F3 visa category:

  • Relationship: The F3 category is specifically for the married sons and daughters of U.S. citizens. It does not include unmarried children or spouses of U.S. citizens.
  • U.S. Citizen Sponsor: The sponsoring U.S. citizen parent must be able to provide proof of their U.S. citizenship, typically through a birth certificate, passport, or certificate of naturalization.
  • Petition: The sponsoring U.S. citizen parent must file Form I-130, Petition for Alien Relative, on behalf of their married son or daughter. This petition establishes the qualifying relationship between the U.S. citizen parent and the beneficiary.
  • Visa Bulletin: Visa availability in the F3 category depends on the visa bulletin issued by the U.S. Department of State. Applicants must wait for a visa number to become available based on their priority date. The priority date is the date the sponsoring U.S. citizen parent filed the I-130 petition.
  • Waiting Period: The F3 visa category typically has a longer waiting period compared to other family-sponsored categories due to high demand and annual visa quotas. The waiting time can vary widely and can be several years.
  • Consular Processing: After the I-130 petition is approved, and a visa number becomes available, the beneficiary can apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country. They will be required to attend an immigrant visa interview and complete other necessary paperwork.
  • Derivative Beneficiaries: The F3 visa category also allows for derivative beneficiaries, which means that the spouse and minor children (under 21) of the principal beneficiary (married son or daughter) can accompany or follow-to-join the principal beneficiary to the United States as lawful permanent residents.

As with other family-sponsored immigration categories, it’s important for applicants and petitioners to stay informed about changes in immigration laws, visa availability, and processing times. They should regularly check the U.S. Citizenship and Immigration Services (USCIS) and the Department of State for the most up-to-date information regarding the F3 visa category and the immigration process. Due to the long waiting times in this category, applicants should also consider consulting with immigration attorneys for guidance.

Brothers and Sisters of Adult U.S. Citizens (F4)

The “Brothers and Sisters of Adult U.S. Citizens” (F4) visa category is a family-based immigration option that allows the brothers and sisters of adult U.S. citizens to immigrate to the United States. Here are some key points about the F4 visa category:

  • Relationship: The F4 category is specifically for the brothers and sisters of adult U.S. citizens. This category does not include spouses, children, or other relatives of U.S. citizens.
  • U.S. Citizen Sponsor: The sponsoring U.S. citizen sibling must be at least 21 years old. They must provide proof of their U.S. citizenship through a birth certificate, passport, or certificate of naturalization.
  • Petition: The sponsoring U.S. citizen sibling must file Form I-130, Petition for Alien Relative, on behalf of their brother or sister. This petition establishes the qualifying relationship between the U.S. citizen sibling and the beneficiary.
  • Visa Bulletin: Visa availability in the F4 category depends on the visa bulletin issued by the U.S. Department of State. Applicants must wait for a visa number to become available based on their priority date. The priority date is the date the sponsoring U.S. citizen sibling filed the I-130 petition.
  • Waiting Period: The F4 visa category typically has a long waiting period due to high demand and annual visa quotas. Waiting times can vary significantly and may be several years.
  • Consular Processing: After the I-130 petition is approved, and a visa number becomes available, the beneficiary can apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country. They will be required to attend an immigrant visa interview and complete other necessary paperwork.
  • Derivative Beneficiaries: The F4 visa category also allows for derivative beneficiaries, which means that the spouse and minor children (under 21) of the principal beneficiary (brother or sister) can accompany or follow-to-join the principal beneficiary to the United States as lawful permanent residents.

It’s important to note that the F4 visa category typically has one of the longest waiting times among family-sponsored categories due to limited visa numbers and high demand. As a result, applicants and petitioners should be prepared for substantial wait times and regularly check the U.S. Citizenship and Immigration Services (USCIS) and the Department of State for the most up-to-date information regarding the F4 visa category and the immigration process. Consulting with an immigration attorney may also be advisable due to the complexities and waiting times associated with this category.

IR-1 and CR-1 Visa, Immigrant Visa for a Spouse of U.S. Citizen

The IR-1 and CR-1 visas are immigrant visas specifically designed for the spouses of U.S. citizens who are seeking to immigrate to the United States. These visas are intended for couples who are married, and the choice between IR-1 and CR-1 depends on the timing of the marriage and the duration of the marriage.

  • IR-1 Visa (Immediate Relative): The IR-1 visa, also known as the Immediate Relative visa, is for spouses of U.S. citizens who have been married for more than two years at the time of the visa application. It is intended for couples with a long-standing marriage.
  • CR-1 Visa (Conditional Resident): The CR-1 visa, also known as the Conditional Resident visa, is for spouses of U.S. citizens who have been married for less than two years at the time of the visa application. Initially, the spouse is granted conditional permanent resident status upon entry to the United States.

Key points about both visa categories:

  • The U.S. citizen spouse must act as the sponsor for their foreign-born spouse. This involves filing an immigrant petition (Form I-130, Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
  • After the I-130 petition is approved, the case is forwarded to the National Visa Center (NVC), where the foreign spouse must complete the visa application process.
  • The spouse applying for the IR-1 or CR-1 visa must attend an interview at a U.S. embassy or consulate in their home country. The purpose of the interview is to determine eligibility and assess the bona fide nature of the marital relationship.
  • If approved, the spouse is issued an immigrant visa to enter the United States as a permanent resident.