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Family Based Visa

A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or a U.S. Lawful Permanent Resident (that is, a green card holder).

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 not limited to 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.

U.S. citizens

U.S. citizens can file an immigrant visa petition for their:

  • Spouse
  • Son or daughter
  • Parent
  • Brother or sister
U.S. Lawful Permanent Residents

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

  • Spouse
  • Unmarried son or daughter