Immediate Relatives

These are the spouses, unmarried minor children under 21 (who do not qualify for citizenship), orphans to be adopted and adopted children of American Citizens. American citizens who are 21 years or older may also file petitions for their parents. These immediate relative categories are not subject to availability of visa numbers:

-- spouses (IR1/CR1),
-- minor children (IR2/CR2),
-- orphans to be adopted overseas (IR3),
-- orphans to be adopted in the U.S. (IR4) and
-- parents (IR5)

Family Based Petitions with Numerical Limitations

As for other Family Based petitions, American citizens aged 21 years or older, may also file petitions for certain Alien Relatives such as adult unmarried sons or daughters (F1), married sons or daughters (F3) and brothers or sisters (F4).

Legal Permanet Residents may also file I-130 Petiton for their spouses and minor unmarried children (F21) or adult unmarried sons or daughters (F2B)

However, you should always keep in mind that these immigrant visas are numerically limited and there might be a waiting period, maybe years, before numbers may become available for this kind of visas. You may find this information on the Visa Bulletin.

Please read carefully the instructions on Form I-130 and be sure to send the form completed and signed with the required supplemental forms and supporting documents according to your case, and the corresponding fees.

This is the first step on the immigration process and it may take some months before your petition is approved.

Once the petition is approved, it will then be sent to National Visa Center in New Hampshire for their processing.

Petitioners will be informed by NVC of the steps to follow and document requirements and fees.

In general, most family-based immigrants need to show that they have adequate means of financial support and that they are not likely to become a public charge. In such cases, American citizens sponsoring a family member to come to live in the U.S. need to provide an Affidavit of Support, Form I-864 for the relatives they are sponsoring. Instructions on how to fill in the form and supporting documents are provided.

Also, an Application for Immigrant Visa and Alien Registration, form DS-230 parts I and II must be filed out for each beneficiary applying for an immigrant visa and returned on time to the National Visa Center.

Once forms and fees requested are collected, National Visa Center will then forward your petition to the overseas consulate or embassy where your relative will apply.

The consular section reviews the petition and provides an appointment letter with a package containing instructions regarding medical examination requirements, documents needed and steps to follow for getting ready to apply for an immigrant visa

Applicants will be instructed of other original documents required such as birth, marriage, divorce annulment, and death sentences and certificates; police certificates; deportation, court, prison and/or military records. The beneficiary will have to present these documents to the consular officer during the immigrant visa interview.

All immigrant visa applicants, regardless of age, must go through a medical examination with the physicians and laboratories designated at the consular area and must comply with vaccination requirements.

All Immigrant Visa applicants must provide two recent color passport type photos (5 cm. x 5 cm) as per guidelines. Both photos need to be signed on the reverse and have the complete name of each applicant.

Consular officers might request additional evidence to prove the existence of the relationship such as family pictures, telephone bills, correspondence mail, contracts, bank accounts, etc. In some cases, DNA testing may also be required.