Family Based Immigration

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a US citizen or legal permanent resident. The purpose of this is to re-unite family members in the United States. If the United States citizen does not plan to live in the United States, he/she cannot request a visa for other family members.

Family-based immigration falls under two basic categories:

Unlimited Family-Based

• Spouse, widow(er), unmarried children under 21 and parents of a US citizen who is 21 or older.

Limited Family-Based

• Adult unmarried sons/ daughters (over age 21) of a US citizen and their minor children.
• Spouses, minor children and unmarried sons/ daughters (over age 21) of lawful permanent residents.
• Married sons and daughters of US citizens and their spouses and minor children.
• Brothers and sisters of a United States citizen and their spouses and minor children provided the US citizen is at least 21 years of age.