Who Is Eligible for a Family-Based Visa?

Becoming a legal permanent resident in the United States can be a complicated process. Thankfully, there are many options available for foreign nationals who want to live and work in the United States. One of the most popular methods of becoming a green card holder is to be sponsored by a family member who is a U.S. citizen. To help you discover if you’re eligible, our immigration attorneys explain what requirements you need to qualify for a family-based visa.

Family-Based Visas Available

The United States provides citizens with the opportunity to sponsor immediate family relatives and family members with a more distant relationship. Below we explain the different types of family-based visa you might qualify for:

Immediate Family-Based Visas

You might qualify for an immediate relative visa if you have a close relationship with a U.S. Citizen. Below are the different family members that would be considered “immediate relatives.”

  • IR-1 Visa: Spouse of a U.S. citizen.
  • IR-2 Visa: Unmarried children of a U.S. citizen who is under the age of 21.
  • IR-3 Visa: Orphans who are adopted abroad by a U.S. citizen.
  • IR-4 Visa: Orphans who are to be adopted in the U.S. by a U.S. citizen.
  • IR-5 Visa: Parent of a U.S. citizen who is at least 21 years of age.

Family Preference Visas

Even if you don’t qualify for the immediate family-based visas, you may still qualify for an F visa. Below are the visas available for family members who have a more “distant” relationship with a U.S. citizen.

  • F1 Visa: The first preference is unmarried daughters and sons of U.S. citizens and their minor children.
  • F2 Visa: The second preference is spouses, minor children, and unmarried daughters and sons who are over the age of 21.
  • F3 Visa: The third preference is daughters and sons of U.S. citizens, their spouses, and minor children.
  • F4 Visa: The fourth preference is for sisters and brothers of a U.S. citizen and their spouses and their minor children. The U.S. citizen sibling must be at least 21 years of age.

Unfortunately, not all family members can sponsor a relative for immigration. For example, grandparents, aunts, uncles, in-laws, and cousins can’t sponsor their distant relatives. If a U.S. citizen does decide to sponsor a family member, they should keep in mind that there are a limited number of family-based visas that they can sponsor within the year.

How to Get a Fiancé Visa

If you’re a foreign national who is going to marry a U.S. citizen, you can apply for a fiancé visa. To qualify for a fiancé visa, your partner must meet the following requirements (these requirements also apply to same-sex couples):

  • They must be a U.S. citizen.
  • You and your fiancé have met in person within the last two years. There may be an exception if there are cultural or religious reasons for not meeting in person.
  • Both fiancés have dissolved previous marriages through a divorce.

Once you receive your fiancé visa, you and your partner must get married within 90 days, or you will have to leave the country.

Experienced Dallas Immigration Attorneys

If you want to seek a family-based visa, you will need an experienced immigration attorney on your side. Family immigration is a complex system that requires an understanding of laws. Our team at Perdomo Dorsett Immigration Law has been serving families throughout the greater Dallas area with their family-based visas since 2016. We possess the knowledge, resources, and experience needed to protect your rights and help you obtain the best possible results for your case. Let our team help you with your family-based process from beginning to end.

Contact our immigration lawyers today at to schedule a consultation!

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