Who Is Eligible for a Family-Based Immigrant Visa?

Reuniting with loved ones is one of the most important reasons people seek lawful permanent residence in the United States. Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain relatives for green cards so they can live and work in the U.S. permanently. However, eligibility depends on the petitioner’s immigration status and the qualifying family relationship.

Understanding who qualifies for a family-based immigrant visa is essential to avoiding delays, denials, and unnecessary stress. Working with a trusted immigration attorney can help ensure every requirement is met from the very beginning.

What Is a Family-Based Immigrant Visa?

A family-based immigrant visa allows eligible foreign nationals to obtain lawful permanent resident status (a green card) through a qualifying relationship with a U.S. citizen or lawful permanent resident. These visas are divided into two main categories: immediate relatives and family preference categories.

Each category has different eligibility rules, processing times, and annual limits.

Immediate Relatives of U.S. Citizens

Immediate relatives receive priority under U.S. immigration law and are not subject to annual visa caps. This typically results in faster processing times.

Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens (the petitioner must be at least 21 years old)

Because visas are always available for immediate relatives, these cases generally move more quickly than other family-based petitions.

Family Preference Categories

Family preference visas are available to both U.S. citizens and lawful permanent residents, but they are subject to yearly numerical limits. This can lead to longer wait times depending on the category and country of origin.

For U.S. Citizens:

• Unmarried adult children (21 or older)
• Married children of any age
• Brothers and sisters (the petitioner must be at least 21 years old)

For Lawful Permanent Residents:

• Spouses
• Unmarried children under 21
• Unmarried adult children

These categories often involve wait times that can range from several years to over a decade, making proper filing and documentation especially important.

General Eligibility Requirements

To qualify for a family-based immigrant visa:

• The petitioner must be a U.S. citizen or lawful permanent resident
• The relationship must be legally recognized and documented
• The petitioner must meet financial sponsorship requirements
• The beneficiary must be admissible under U.S. immigration law

Any mistakes in forms, missing documents, or inconsistencies can result in delays or denials.

Why Legal Guidance Matters in Family-Based Immigration

Family-based immigration involves multiple government agencies, strict deadlines, and detailed documentation. Even a small error can have serious consequences for your family’s future.

Attorney Maria Aguila works with families across the United States to guide them through every step of the family-based immigration process. She assists with:

• Determining eligibility
• Preparing and filing immigration petitions
• Gathering required evidence
• Responding to government requests
• Managing consular processing or adjustment of status

Her careful and thorough approach helps families move forward with confidence while reducing unnecessary delays.

Get Help Reuniting With Your Family

If you are considering sponsoring a family member for a green card, it is important to understand your options and responsibilities before filing. Having the right legal support can make a meaningful difference in the outcome of your case.

Florida Immigration Law Firm assists clients nationwide with family-based immigration matters. To schedule a consultation and learn how Attorney Maria Aguila can help bring your loved ones to the United States, call 904-944-5539 today.