Family-Based Immigration

Family visas are the most common basis for legal immigration into the United States. Both U.S. Citizens and Lawful Permanent Residents can sponsor certain family members for a green card.

Are you eligible for a family visa?

There are 2 groups of individuals eligible for family visas:

Immediate Relatives:

1. Spouses of U.S. Citizens

2. Unmarried children under the age of 21 of U.S. Citizens

3. Orphans adopted abroad

4. Orphans to be adopted in the U.S. by U.S. Citizens, and

5. Parents of U.S. Citizens who are at least 21 years old

Family Preference Categories:

1. Unmarried sons and daughters of U.S. Citizens, their spouses, and their children

2. Spouses, minor children, and unmarried sons and daughters over 21 years old of LPRs

3. Married sons and daughters of U.S. Citizens and their spouses and minor children, and

4. Brothers and sisters of U.S. Citizens, their spouses, and minor children (the U.S. Citizen must be at least 21 years old)

What documents are required for a family-based visa?

• Form I-130, Petition for Alien Relative

• Form I-130A, Supplemental Information for Spouse Beneficiary (if applicable)

• Form I-485, Application to Register Permanent Residence or Adjust Status

• I-797, Approval or Receipt Notice of Form I-130 (*Unless you are filing Form I-485 together with Form I-130)

• Form I-864, Affidavit of Support

• Financial information regarding the petitioner and sponsor for Form I-864:

  • Tax Returns

  • W-2s

  • Bank Statements

• Form I-693, Report of Medical Examination and Vaccination Record

• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)

• Form I-765, Application for Employment Authorization

• Form I-944, Declaration of Self-Sufficiency & Supporting Evidence

• Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal (if applicable)

• Copy of your government-issued identity document with photograph

• Copy of your birth certificate

• Copy of your marriage certificate (if applicable, marriage-based applications)

• Copy of your passport page with nonimmigrant visa or your admission or parole stamp (if applicable)

• Copy of Form I-94, Arrival/Departure Record (if applicable)

• Evidence of Good Faith Marriage (if applicable, marriage-based applications)

• 2 Passport-style photographs, and

• Corresponding filing fees