· Immigration · 2 min read
Family-Based Immigration
Explains how US citizens and Green Card holders can sponsor certain family members to immigrate to the US. It discusses who is eligible, the two main visa categories (Immediate Relative and Family Preference), and the application process depending on whether the family member is in the US or abroad. It also explains the financial requirement known as the Affidavit of Support (Form I-864), which allows the sponsor to take financial responsibility for the immigrant.
Family-Based Immigration: A Path to Permanent Residency in the U.S.
Who Is Eligible for Family-Based Immigrant Visas?
There are two primary categories:
Immediate Relative (IR) Visas – Unlimited in number and reserved for close relatives of U.S. citizens:
- IR1/CR1: Spouse
- IR2: Unmarried child under 21
- IR5: Parent
Family Preference (F) Visas – Limited in number and subject to annual quotas. Includes:
- F1: Unmarried adult children of U.S. citizens
- F2A/F2B: Spouses and children of lawful permanent residents
- F3: Married children of U.S. citizens
- F4: Siblings of U.S. citizens
How to Apply for Permanent Residency for a Family Member
To help a family member immigrate, both the sponsor and the applicant must follow a multi-step process:
*If your relative is in the U.S.: Apply through Adjustment of Status using Form I-485.
*If your relative is abroad: Follow Consular Processing, which includes filing Form I-130, NVC review, and completing Form DS-260 at the U.S. Embassy.
Financial Requirements: Affidavit of Support (Form I-864)
U.S. immigration law requires sponsors to accept financial responsibility for the relatives they are sponsoring. This is done through Form I-864, Affidavit of Support.
*The sponsor must show income of at least 125% of the Federal Poverty Guidelines based on household size.
*If the sponsored immigrant receives public benefits (such as Medicaid or SNAP), the government can legally seek reimbursement from the sponsor.
*This form is legally enforceable and is a required part of all family-based Green Card applications.
If the sponsor’s income is insufficient, a joint sponsor or proof of assets may be required.
Need Help?
Navigating family-based immigration can be complex. Our law firm is here to guide you through every step of the process — from petition to Green Card.
