Family Members Visas Immigration Law

Family Members Visas Legal Issues

Family Members Visas (IR2, CR2, IR5, F1, F3, F4) Law

The Immigration and Nationality Act (INA) of US immigration law provides multiple types of visas for certain family members of U.S. citizens. There are two categories of family-based immigrant visas - Immediate Relative Immigrant Visas and Family Preference Immigrant Visas. These visas are necessary if a U.S. citizen or green card holder (lawful permanent resident) has family abroad so that those certain family members can legally enter and live in the United States.

Immediate Relative Immigrant Family visas for family members of U.S. citizens are for close relatives, including:

• Spouses of U.S. Citizen (IR-1 or CR-1)
• Unmarried children of U.S. citizens under age 21 (IR-2 or CR-2)
• Foreign orphans adopted abroad by a U.S. citizen (IR-3)
• Foreign orphans adopted in the U.S. by a U.S. citizen (IR-4)
• Parents of U.S. citizens that are at least 21 years of age (IR-5)

Family Preference Immigrant Visas are for more distant relatives, including:

• Children of U.S. citizens that are unmarried, and their minor children (F1)
• Spouses, minor children, and unmarried children of Legal Permanent Residents (F2)
• Children of U.S. citizens that are married, and their spouses and minor children (F3)
• Siblings of adult U.S. citizens (21+), along with their spouses and minor children (F4)

Legal Considerations of Family Members of U.S. Citizens Visas (IR2, CR2, IR5, F1, F3, F4 Visas) :

As with any U.S. visa, obtaining an IR2, CR2, IR5, FI, F3 or F4 for family members of U.S. citizens visa can be challenging and complicated. In order to file a petition for such a visa, a U.S. citizen over age 21 must be the sponsor who files the petition for his or her relative(s). The process can be grueling, as there are many forms, documentation, records, interviews and fees that are necessary. If the foreign family member has been living in the U.S. illegally or has any criminal background, their application for an IR2, CR2, IR5, FI, F3 or F4 visa may be quickly denied and the illegal immigrant may be deported. It is important to ensure there are no mistakes, misrepresented information, or discrepancies when applying for one of these family members of U.S. citizens visas.

In addition, if a lawful permanent resident or green card holder has been living outside of the United States for a period longer than 12 months or for a period that goes beyond the re-entry permit date, the LPR will need to apply for a new immigrant visa to come back to the U.S. before they can apply for a visa for their family member(s). Another issue is that the Family Preference Immigrant Visas (such as the F1, F3 and F4 visas) have annual numerical limitations on them. This means that the U.S. only allows a certain number of these visas to be given out each year, and once they run out, any remaining applications for one of these visas will be put on a wait list. A family can wait anywhere up to several years, if not more, for their petition for a family-based immigrant visa to be seen.

What an Immigration Lawyer can do for you:

If you are a U.S. citizen or green card holder (LPR) that wishes to obtain an IR2, CR2, IR5, FI, F3 or F4 visa for a family member, an experienced immigration attorney can assist you. Immigration laws change frequently and attorneys are well versed in these laws and changes so they can best advise you on the steps you need to take to get a visa for a certain family member. An immigration attorney can help you decide which visa is right for your situation and they will then help you through the entire process. An immigration attorney will ensure your petition and visa application is filed correctly so that you do not get stuck in backlog or denied. Having the help of an immigration attorney can be your best chance at successfully receiving an IR2, CR2, IR5, FI, F3 or F4 visa for your family member(s).

Lawyer Referral Service:

If you need an immigration lawyer to assist you with a Family Members of U.S. Citizens Visas such as an IR2, CR2, IR5, F1, F3, or F4, contact Attorney Search Network today. Attorney Search Network can help you find an immigration lawyer near you who can help.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Immigration lawyer referral.