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What are the requirements for obtaining an immigrant visa through a family member?

Picture of Chris Battis By   ·  1 minute read

To obtain an immigrant visa through a family member, the applicant must first have a qualifying relationship with a U.S. citizen or lawful permanent resident (LPR). The eligible family members include spouses, children, parents, and siblings of the U.S. citizens or LPRs. The specific requirements for obtaining an immigrant visa through a family member are as follows:

  1. Form I-130: The U.S. citizen or LPR sponsoring the applicant must file a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship and must be filed by the petitioner, who must be at least 18 years old.

  2. Visa Availability: Immigrant visas are limited in number and subject to annual caps by category and country of origin. Therefore, the applicant must wait until a visa becomes available in their category and country of origin. The visa availability is based on the priority date, which is the date USCIS received the Form I-130.

  3. Affidavit of Support: The petitioner must provide an Affidavit of Support, which documents their financial ability to support the immigrant without relying on public benefits. To qualify, the petitioner must have an income that is at least 125% of the federal poverty level for their household size.

  4. Medical Examination: The applicant must undergo a medical examination by a USCIS-authorized physician to ensure that they are not inadmissible on medical grounds.

  5. Consular Interview: The applicant must attend a consular interview at a U.S. embassy or consulate in their home country. The consular officer will verify the applicant’s identity, admissibility, and eligibility for the immigrant visa.

It is important to note that the process of obtaining an immigrant visa through a family member can take several years, depending on the category and country of origin. Additionally, certain exceptions may apply for certain family members, such as immediate relatives of U.S. citizens who are not subject to visa caps. Further legal advice may be necessary to determine the best course of action for a specific case.