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March 13, 2020
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FREQUENTLY ASKED QUESTIONS ON FAMILY BASED-IMMIGRATION





WHAT IS FAMILY-BASED IMMIGRATION?
In family based immigration, a U.S. citizen or a Legal Permanent Resident  can sponsor certain family members for a visa.

WHO IS ELIGIBLE FOR A FAMILY VISA?
There are two groups of people who can be beneficiary for a family visa: (1) Immediate Relatives; and (2) Family Preference Immigrants.

WHO ARE IMMEDIATE RELATIVES?
Immediate relatives include: (1) spouse of a U.S. citizen; (2) unmarried children (biological or to be adopted) who are under 21 years old of a U.S. citizen; and (3) parents of a U.S. citizen who is at least 21 years old.

WHO ARE INCLUDED UNDER FAMILY PREFERENCE IMMIGRANTS OF A U.S. CITIZEN?
The following are the family "preference immigrants" categories of a U.S. citizen:
  • First Preference (F1) - unmarried sons and daughters, who are 21 years of age and older
  • Third Preference (F3) - married sons and daughters
  • Fourth Preference (F4) - brothers and sisters (if the U.S. citizen is at least 21 years old)
CAN A HOLDER OF LEGAL PERMANENT RESIDENT (GREEN CARD) PETITION FAMILY MEMBERS?
As a green card holder, you may petition for the following family members:
  • Second Preference (F2A) - spouses and children (unmarried and under 21 years old) of lawful permanent resident
  • Second Preference (F2B) - unmarried sons and daughters(who are 21 years of age and older) of lawful permanent resident
HOW DO I BRING MY FIANCE TO THE U.S. IN ORDER TO GET MARRIED?
If you are a U.S. citizen, you will need to file a Form I-129F, Petition for Alien Fiance to obtain a K-1 nonimmigrant visa also known as fiance visa.

CAN I ALSO PETITION FOR MY FIANCE'S CHILD?
If your fiance has a child who is under 21 years of age and unmarried, the child may be eligible to come on a K-2 nonimmigrant visa. In order to do this, you must include the name of the child on the form I-129F. There is no need to file a separate petition for the said child. The child may travel with your fiance or at a later date but never before your fiance.