Visa Types - Family-Sponsored - Overview of Visa Types

One of the major avenues through which aliens are permanently admitted to the United States to live and to work is through family-sponsored immigration. Within family-sponsored immigration are two subcategories: unlimited and limited. There are no numerical limitations on family members who fall within the unlimited category, but there are strict numerical limits on the number of limited family-based visas that may be granted each year.

Unlimited Family-Based

Unlimited family-based visas are issued either for immediate relatives of U.S. citizens or for permanent U.S. residents who are returning to live in the U.S.

Immediate Relatives:

Visas with the designation "IR" are issued to immediate relatives of U.S. citizens who wish to immigrate to the U.S. Immediate relatives are the citizen's spouse, widow or widower, parent, and unmarried children under the age of 21.

Returning Residents:

"SB" visas are issued to aliens who were previously lawful permanent residents of the U.S. and who wish to return to the U.S. after making temporary visits abroad more than one year in duration.

Limited Family-Based

Four categories of limited family-based visas are available in the following preferential order:

Family First Preference:

The first preference level of limited family-based visas, 23,400 in number, is available for U.S. citizens' unmarried sons and daughters, along with their children. This preference level is backlogged about one year, meaning that aliens in the first preference will have to wait approximately one year to obtain visas.

Family Second Preference:

The second family-based preference is for the spouses, minor children, and unmarried adult children of lawful permanent residents; 114,200 of these visas are available every year. There is a several-year wait for a visa in this category.

Family Third Preference:

Third preference goes to the married children of U.S. citizens, along with their spouses and children. There are 23,400 visas available each year to aliens in this preference category. As with the second preference, aliens wishing to immigrate in the third preference must wait several years to obtain a visa.

Family Fourth Preference:

If the U.S. citizen is at least 21 years of age, his or her siblings, along with their spouses and children, are eligible for the fourth family preference, for which 65,000 visas are available. The wait for a fourth-level preference family visa is even longer than the second and third preferences.

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Areas of Practice

  • Appellate Law
  • Business Immigration
  • Citizenship
  • Deportation
  • Immigration and Nationality Law
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