A Guide to Helping a Family Member Immigrate to the U.S.

Family Based Immigration

A non-citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an Immigrant Visa, the non-citizen must be sponsored by a relative who is a U.S. citizen or a U.S. Lawful Permanent Resident.

There are two types of family-based immigrant visas:

Immediate Relative: these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is unlimited each fiscal year.

Family Preference: these visas are for specific, more distant family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

Keep in mind that U.S. citizens can file an immigrant visa petition for their:

Spouse

Son and Daughter

Parent

Brother or Sister

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

Spouse

Unmarried son and daughter

Helping a family member immigrate to the U.S. requires excellent attention to detail, which is why you should hire an experienced immigration attorney. The actual processing will depend on several factors: your current immigration status (USC or LPR) as the petitioner; the whereabouts of the family member.