Getting Family Members Into the U.S. with a Family Visa

Family visas are available to non-immigrants for most categories of temporary visa. Permanent resident immigrant visas are available to immediate family members and there is no annual limit to the number of visas issued. 

Non-Immigrant Temporary Visas

Non-immigrants who have visas to come to the United States for temporary employment have corresponding family-based visas which allow immediate family members to come with them.  Immediate family members are spouses and children (and in some cases, parents). For example, if you have an employment based visa such as an H-1B or an H-2B visa, your dependents can come to the United States with you on the family-based H-4 visa. Your dependents can attend school while in the United States on an H-4 visa, but they cannot work.  All visa holders must leave the United States before the expiration date on their visas.

Immigrant Visa Numbers for Family Members 

Immigration laws in the United States reflect the high value Americans place on keeping families together.  For that reason, there is no limit to the number of immediate family relatives of United States’ citizens who can receive immigrant visa numbers for permanent residence status.  Immediate family members include spouses, children, and parents (if child is 21 or older).  Unlike citizens of the United States, limits are in place for relatives of individuals with Permanent Residence status.

Family members who are not immediate relatives may have to wait a long time to receive an immigrant visa number.  Family members are placed in different categories based on the relationship to the U.S. citizen or permanent resident.  There are different limits for each category of family member and, as with all visa categories, no single country can have more than 7% of all the visas in one category. 

The Application Process

The family-based visa process begins with the applicant selecting an agent and paying the processing fee. The applicant submits the visa application and the supporting documents.  An affidavit of support and corresponding fees must be filed by the U.S. citizen or lawful permanent resident.  The USCIS will conduct a personal interview and may request more documents at that time.

Keeping families together is an American value and immigration laws reflect the importance of families. Depending on how far removed you are in the family from the U.S. citizen or permanent resident it may take years to bring the entire family to the United States, but with perseverance, it can be done.