What type of visas are available in the U.S.?

The United States offers immigrant and nonimmigrant visas. Immigrant visas allow individuals to stay indefinitely in the U.S. by granting them a Green Card, or permanent residency. Green Card holders can later become U.S. citizens through the naturalization process. Nonimmigrant visas are granted for specific purposes and length of stay. For example, a business trip, tourism, studies, medical treatment, or work.

What visa do I need to live in NYC?

Depending on your eligibility you may get an immigrant or nonimmigrant visa. If you are a Green Card holder you may live anywhere in the U.S., including New York City. However, you may also live in New York City if you’re here for a short period of time on a work, study, or other temporary visa.

What kind of non-immigrant visa do I need to live in NYC?

The type of nonimmigrant visa you may be eligible for depends on the purpose of your travel. For example, individuals with an extraordinary talent in the sciences, arts, education, business or athletics may be granted an O visa. While an intra-company transferee would be granted an L visa. To live In NYC and the rest of the United States, you can apply for nonimmigrant visas for multiple reasons, including tourism, sport competitions, studies, business activities, medical treatments, cultural exchanges, and many other purposes.

What visa do I need to work in NYC?

If you already have a visa that allows you to work in the United States, all you need is a work permit. If that is not the case, you could be granted an L visa if you’re transferring to a U.S. office from an overseas branch of the same business. You may be granted an H1B visa if sponsored by a U.S. employer. You could get an O visa if you have an extraordinary talent in the sciences, arts, education, business or athletics to perform such professional activity in the United States. Or you could get an EB visa if you have extraordinary abilities and are recognized in your field.

What is the largest immigrant group in NYC?

According to data shared on the MOIA's 2020 Annual Report, 13.4% of the foreign-born population in NYC comes from the Dominican Republic, making it the largest immigrant group in the city. The group is followed by China with 11.8% and Jamaica with 5.7%.

Family Reunification | USA Family Visas

HOW TO BRING YOUR FAMILY TO THE UNITED STATES:

Learn About The Family-Based Visas

There are several visa categories for U.S. citizens and permanent residents to sponsor their family members for their own Green Cards. The categories include visa options for immediate relatives, eligible family members, spouses, and fiancé(e)s. Each category has specific eligibility requirements the applicant should meet. The first step is to determine the most appropriate visa category for your case.

In U.S. immigration law, family reunification typically refers to the process of obtaining a family-based visa. This is essential for the american immigration policy, as it helps promote family unity and a path for legal immigration status, strengthening communities and the economy.

We understand the process of helping a family member gain legal immigration status in the United States can be challenging. However, with careful planning and experienced assistance from our legal team, you can help your family member achieve their immigration goals.

CONTACT OUR TEAM TO SCHEDULE A CONFIDENTIAL CONSULTATION

AVAILABLE U.S. FAMILY VISAS

There are several family-based visas available for eligible relatives of U.S. citizens or lawful permanent residents to immigrate to the United States.

The main rule to keep in mind is that U.S. citizens can file immigrant visa petitions for their spouse, sons or daughters, parents, brothers and sisters. However, permanent residents are limited to petition for their spouse and unmarried sons or daughters.

The available family-based visas include:

Immediate Relative Immigrant Visas: eligible relatives are spouses, unmarried children under 21 years of age, and parents of U.S. citizens. The good news is that there is no annual limit on the number of visas that can be issued under this category.
Family Preference Immigrant Visas: this category is for other family members that do not qualify as “immediate relatives”, such as unmarried sons or daughters over 21 years of age, married sons and daughters of any age, and siblings of U.S. citizens. Unlike the immediate relative category there is a yearly limit of visas that can be granted under the family preference category.
Fiancé(e) Visas: this visa category is for foreign nationals that can prove to be engaged to a U.S. citizen and has plans to marry in the United States.

U.S. FAMILY VISAS PROCESSING TIMES

The processing time for a family-based visa to the USA can vary depending on the specific visa category and the circumstances of the applicant.

In general, petitions for immediate relatives can be approved or denied within within a 6 to 12 month period after filing. However, this is not a set rule, it can take longer.

Family preference petitions on the other hand, can take 7 years or longer.

Some of the factors that can affect the processing time include:

The type of visa
The country of origin of the applicant
The demand for visas
The completeness and accuracy of the application

The processing times for family-based visas can range from several months to several years. This is why it is so important to make sure all paperwork is carefully completed and supported by the requested documentation.

THE CRITICAL STEPS OF A U.S. FAMILY VISA APPLICATION PROCESS

Determine the appropriate visa category based on the relationship between the U.S. citizen or permanent resident and the person being petitioned.

Gather all supporting documents, which may include birth or marriage certificates or proofs of a relationship between the applicants, an affidavit of support, financial support, and other documents depending on the nature of the visa application.

Submit the forms and pay the application fees. Make sure to include all requested information and supporting documents to avoid unnecessary delays and mistakes.

Attend your visa interview. During this appointment a consular officer will interview you to determine your eligibility for a family visa. You should prepare before the interview to make sure you are able to provide clear answers pertinent to your case and application.

Note: You are not required to have an immigration lawyer to apply for a family visa in the United States. However, the process can be overwhelming and we advise you to seek the help of an experienced immigration law professional from the start.

U.S. FAMILY-BASED VISAS
ISSUED BY REGION 2020-2022

U.S. Family-Based Visas Frequently Asked Questions

What is the U.S. humanitarian parole for family members?

Humanitarian parole is a special relief for foreign nationals to enter the country during emergency situations. As of February 2023, there is a special process in place for Ukranians, Cubans, Haitians, Nicaraguans, and Venezuelans to enter the United States through the petition of an eligible supporter.

The petitioning individual must be a U.S. citizen, national, lawful permanent resident, or temporary status holder that can demonstrate sufficient financial resources to support the beneficiary.

What are the family preference visa categories in the United States?

“Family Preference” is the family-based immigration option available for those that do not qualify as immediate relatives of a U.S. citizen.

The family preference category depends on the following specific family relationships:

First preference (F1): unmarried sons and daughters of U.S. citizens. Beneficiaries must be 21 years old and older at the time of filing the application.
Second preference (F2A): spouses and children of lawful permanent residents. Beneficiaries must be unmarried and under 21 years of age at the time of filing the application.
Second preference (F2B): unmarried sons and daughters of lawful permanent residents. Beneficiaries must be 21 years of age and older at the time of filing the application.
Third preference (F3): married sons and daughters of U.S. citizens of any age.
Fourth preference (F4): sibblings of U.S. citizens, provided that the U.S. citizen is at least 21 years of age.

What does “immediate relative” mean in U.S. family immigration?

Immediate relatives of a U.S. citizen can obtain lawful permanent residence in the United States through a family-based visa petition. To qualify as an immediate relative you must be the spouse of a U.S. citizen, the unmarried son or daughter under 21 years old of a U.S. citizen, or the parent of a U.S. citizen (the U.S. citizen must be over 21 years of age).

What is a USA fiancé(e) visa?

Popularly known as the K-1 visa, the fiancé(e) visa allows a foreign national to enter the U.S. to marry their U.S. citizen fiancé(e) within 90 days of entry.