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What Is a Family-Based Visa and Who Qualifies?

When you have a family member living in another country, you may want to bring them to the United States to live with you. A family-based visa, also known as a family visa, can help make that possible. These types of visas allow U.S. citizens and permanent residents to sponsor certain family members to come to live and work in the U.S. legally.

At The Gabriel Jiménez Law Office in El Paso, we help families reunite through the immigration process. If you’re wondering how family visas work and who can apply, this blog will break it down in a simple and easy-to-understand way. And if you need help starting your application, give us a call today at (915) 533-4211 for guidance and support.

What Is a Family-Based Visa?

A family-based visa is a type of immigration benefit that allows people from other countries to move to the U.S. based on their relationship with a U.S. citizen or a lawful permanent resident (green card holder). The U.S. government believes that keeping families together is important, so they created a way for family members to live in the same country.

There are two main types of family visas:

  1. Immediate Relative Visas
  2. Family Preference Visas

Let’s take a closer look at both.

Immediate Relative Visas

These are family visas given to very close relatives of U.S. citizens. There is no limit to how many of these visas are given each year. That means the process is usually faster than other types of visas.

Immediate relatives include:

  • Spouses (husband or wife) of U.S. citizens
  • Unmarried children under the age of 21
  • Parents of U.S. citizens (the U.S. citizen must be 21 or older)

For example, if you are a U.S. citizen and want to bring your mother from Mexico to live with you in El Paso, she would qualify for an immediate relative family visa.

Family Preference Visas

These family visas are for more distant family members of U.S. citizens and green card holders. Unlike the immediate relative category, there are limits on how many of these visas can be issued each year. This means wait times can be longer.

The categories for family preference visas include:

  • F1: Unmarried adult children (21 or older) of U.S. citizens
  • F2A: Spouses and unmarried children under 21 of green card holders
  • F2B: Unmarried adult children of green card holders
  • F3: Married children of U.S. citizens
  • F4: Brothers and sisters of U.S. citizens (the U.S. citizen must be 21 or older)

These types of family visas help unite extended family members, but it’s important to be prepared for possible delays because of the yearly visa limits.

Who Can Sponsor a Family Visa?

To apply for a family visa, the person already living in the U.S. must sponsor the family member. Here’s who can be a sponsor:

U.S. Citizens can sponsor:

  • Spouses
  • Children (unmarried or married)
  • Parents (if the sponsor is over 21)
  • Brothers and sisters (if the sponsor is over 21)

Green Card Holders can sponsor:

  • Spouses
  • Unmarried children (of any age)

If you fall into one of these categories, you may be able to help your loved one apply for a family visa.

What Is the Process for Getting a Family Visa?

The process of getting a family-based visa involves several steps:

  1. Filing a Petition:

The U.S. citizen or green card holder must file a form called Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This shows the government that the family relationship is real.

2. Waiting for Approval:

Once the petition is approved, your family member may need to wait for a visa number to become available (especially in the preference categories).

3. Visa Application and Interview:

Your family member will apply for a visa through the U.S. embassy or consulate in their home country and go through an interview.

4. Entering the U.S.:

Once approved, they can come to the U.S. using a family visa and begin their life here.

If your family member is already in the U.S., they may be able to apply for a green card through a process called adjustment of status.

How Long Does It Take to Get a Family Visa?

The time it takes to get a family-based visa depends on the type of relationship and the country your relative is coming from. Immediate relative family visas are usually quicker, sometimes taking less than a year. Family preference visas can take several years due to the visa limits.

Having a knowledgeable immigration attorney can help speed up the process and avoid mistakes that might delay your case. At The Gabriel Jiménez Law Office, we are ready to guide you every step of the way.

Why Choose The Gabriel Jiménez Law Office?

Getting a family visa can be complicated. There are forms to fill out, documents to collect, and rules to follow. One small mistake can slow things down or cause a denial. That’s why having an experienced lawyer is so important.

At The Gabriel Jiménez Law Office in El Paso, we have helped many families get through the family visa process successfully. We take the time to understand your case, explain your options, and make sure everything is done correctly. Whether you’re trying to bring your spouse, child, parent, or sibling to the U.S., we’re here to help.

Family Visas in El Paso

Family is everything, and no one should have to live apart from the people they love. Family visas are a great way to reunite with your relatives and build a better future together. Whether you’re just starting or feel stuck in the process, you don’t have to do it alone.

If you want help with a family-based visa, call The Gabriel Jiménez Law Office today at (915) 533-4211. We’re here to help you bring your family together and start the next chapter of your life—side by side.