If you are considering migrating to the United States through family ties, the first thing you need to understand is who can file a family visa petition on your behalf. U.S. immigration law allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members, aiming to reunite families while respecting the priorities and numerical limits set by the federal government.
Family visa categories
The system divides family visas into immediate relatives and family preference categories. Immediate relatives have priority and are not subject to annual numerical limits, while preference categories do have quotas, which can lead to wait times of months or even years.
Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens over 21
For example, if a Colombian has a sibling who recently became a U.S. citizen, they could not be sponsored immediately, since siblings fall under a family preference category (F4), not as immediate relatives. On the other hand, if their mother were a U.S. citizen, she could be sponsored as an immediate relative, significantly speeding up the process.
Family preference categories include:
- F1: Unmarried adult children of U.S. citizens
- F2A: Spouses and minor children of permanent residents
- F2B: Unmarried adult children of permanent residents
- F3: Married children of U.S. citizens
- F4: Siblings of U.S. citizens
Each category has specific requirements, and annual quotas can create wait times exceeding 10 years, especially for countries with high demand such as Mexico, India, and the Philippines. You can check official wait times by category and country on the USCIS website here.
Who can file the petition
Only certain people can initiate a family visa petition:
- U.S. citizens: Can petition for spouses, children, parents, and siblings. The fastest reunifications occur with spouses, minor children, and parents.
- Lawful permanent residents: Can only sponsor spouses and unmarried children, not parents or siblings.
For example, a Colombian professional married to a U.S. permanent resident could be petitioned under the F2A category, while her siblings would have to wait until her spouse becomes a U.S. citizen to be eligible under the F4 category.
Examples and cultural references
To better visualize, there are real-life and cultural examples:
- In the movie A Better Life (2011), the story follows a Mexican immigrant struggling to bring his son to the U.S., showing how family visas work and the challenges of waiting times.
- The TV series The Fosters depicts the dynamics of multicultural families and highlights the importance of family ties in migration.
- In real life, actress Sofía Vergara, originally from Colombia, moved to the U.S. and obtained residency first through the family category (marriage), before gaining citizenship and later being able to sponsor other relatives.
- Musician Lin-Manuel Miranda has mentioned in interviews how his extended family has migration links that could fall under family preference categories.
Recent data and context
According to UNHCR and USCIS, over 400,000 family visas are issued annually for both immediate relatives and preference categories combined. Most delays occur in the F3 and F4 categories due to limited quotas and high demand from Latin America and Asia. Processing times may also vary depending on the embassy or consulate, as well as U.S. legislative changes.
In 2024, for instance, wait times for F3 (married children of U.S. citizens) and F4 (siblings of U.S. citizens) exceeded 10 years for Mexico and India, while immediate relatives of U.S. citizens could obtain their visa in less than a year (USCIS).
Conclusion
In summary, family sponsorship depends directly on your relationship with the U.S. citizen or permanent resident, and the category that applies to your case will determine the wait time and requirements you must meet. Understanding who can petition for you, the applicable category, and annual quotas is key. It is always advisable to consult with an immigration attorney to analyze your specific situation and maximize your chances of success.
For official information on family visas, you can visit the USCIS page here or review the UNHCR guide on family migration here.
Have questions about your eligibility for a U.S. family visa?
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This blog was written with asistance of generative AI. It is provided for informational purposes only. It does not constitute legal advice. The information presented here is based on general principles of U. S. immigration laws, as well as general information available for public search on public matters, as of the date of publication. Immigration laws and regulations are subject to change and individual circumstances may vary. If you need expert counceling on immigration matters, contact one of our attorneys.
