An Overview of the Different Types of Family Immigration Options

The majority of American immigration is family immigration (National Immigration Forum). Notably, family immigration is not truly one category. There are a number of different family immigration options. Within this article, our Annandale family immigration lawyer provides an overview of the different types of family immigration options.

Immediate Relative Immigrant Visas 

As a starting point, it is important to emphasize that United States immigration law provides a special category of immigrant visas for immediate relatives of U.S. citizens. The category includes spouses of U.S. citizens, unmarried children under the age of 21, and parents of U.S. citizens who are at least 21 years old. Immediate relative petitions are filed using Form I-130, Petition for Alien Relative. Unlike most family immigration categories, these visas are not subject to statutory caps. 

Family Preference Immigrant Visas 

Family preference visas apply to relatives of U.S. citizens and lawful permanent residents who do not qualify as immediate relatives. The big difference with family preference immigrant visas is that these are categories that are subject to annual quotas. There are waiting lists administered through the Department of State visa bulletin. Unfortunately, that waiting time can sometimes be very long.

K-1 Fiancé(e) Visas 

The K-1 fiancé(e) visa allows a foreign national engaged to a U.S. citizen to enter the United States for the purpose of marriage. To qualify, the couple must demonstrate that they have a bona fide intention to marry within 90 days of the foreign national’s arrival in the United States. If you have any questions about K-1 visas, an experienced Virginia family immigration lawyer can help. 

K-3 and K-4 Visas for Spouses and Children 

The K-3 visa category to reduce separation between U.S. citizens and their foreign spouses while immigrant visa petitions remain pending. A K-3 visa allows the spouse of a U.S. citizen to enter the United States temporarily while waiting for the approval of the immigrant petition filed on their behalf. K-4 visas may be issued to the unmarried children of the foreign spouse. Although the K-3 process remains available under federal law, its use has declined because many of these applications are now processed on a similar timeline.

Derivative Family Immigration Benefits

Finally, it is also important to note that many immigration programs allow certain derivative beneficiaries to obtain immigration status based on a principal applicant’s approved petition. For instance, when a principal immigrant qualifies through employment-based or humanitarian programs, the applicant’s spouse and unmarried children under the age of 21 may qualify for immigration benefits as dependents. Federal immigration law recognizes these derivative relationships in multiple visa categories. 

Contact Our Annandale, VA Family Immigration Lawyer Today

At Escobar Law Offices, our Virginia Annandale family immigration attorney invests time, resources, and attention to detail into each and every case. If you have any questions about family immigration, please do not hesitate to contact us today. We provide family immigration services in Annandale, Fairfax County, and throughout all of Northern Virginia.