As leading immigration attorneys in California, we’ve helped countless clients complete the visa application process and secure the green cards they need. Questions about your F4 immigrant visa application? You’ve come to the right place. Contact Naya Immigration for guidance.
The Immigration and Nationality Act (INA) allows the U.S. government to grant up to 675,000 permanent immigrant visas each year across various visa categories. However, the true annual number is typically higher, as there are no admission caps for spouses, parents, and children (over the age of 21) of U.S. citizens.
The benefits and rights conferred by an immigrant visa (also called a green card), as well as the eligibility requirements and application process, vary widely between visa categories. Common categories include employment-based visas, diversity visas, special immigrant visas, and family-based visas. The family-based group is further divided into immediate relative immigrant visas (which are unlimited) and family preference immigrant visas (which are limited).
Obtaining an F4 visa can be challenging, and many applicants wait years for approval. Streamline the immigration process by speaking with an F4 visa lawyer from our law firm about options, eligibility, and more.
Understanding the F4 Immigrant Visa
In contrast to immediate relative immigrant visas, family preference visas are designed for specific, more distant family relationships with a U.S. citizen. They also apply to certain relationships involving lawful permanent residents. Each family preference category applies to a specific family relationship, including the F4 visa.
The family fourth preference (F4) visa applies only to brothers and sisters of U.S. citizens and their spouses and minor children under the age of 21. The U.S. issues a limited number of F4 issues each year, and applicants in this category often encounter lengthy weight times.
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F4 Visa Eligibility Requirements
To be approved for the F4 sibling visa, the foreign applicant must meet a variety of criteria, including the following requirements:
- Their sibling must lawfully reside in the United States.
- Their sibling must hold U.S. citizenship.
- They must be full-blooded siblings, paternal half-siblings, step-siblings, or adopted siblings and be able to verify it.
- They, as the foreign applicant, must live outside of the U.S.
Although multiple types of siblings can obtain a sibling green card, the documentation required for each varies.
F4 Visa Sponsor Requirements
In order to bring a sibling into the U.S., the sponsor must also meet various criteria. However, these requirements vary by type of sibling.
To sponsor a full-blooded sibling, a sponsor must meet all of the following criteria:
- Be a U.S. citizen
- Be over the age of 21
- Be able to prove through documentation that the beneficiary is their sibling
- Be residing in the U.S.
To sponsor an adopted sibling, a U.S. citizen must provide adoption documents that prove that both they and their sibling were under the age of 16 when the adoption took place. It’s important to note that if your full-blooded sibling was adopted by another family, you cannot sponsor that sibling for an F4 visa.
If you plan to sponsor a step-sibling, you must provide a copy of your natural parent and step-parent’s marriage certificate. You may also need to submit copies of documents that demonstrate their previous marriages were legally terminated.
Lastly, if you plan to sponsor a half-sibling, keep in mind that only paternal half-siblings can qualify for an F4 visa—not maternal half-siblings. You will need to provide documentation that supports your claim, including a marriage certificate from your father to each mother and documents showing that prior marriages were terminated.
F4 Visa Application Process
After both the sponsor and applicant have confirmed their respective eligibility, the application process can begin. Although working with an F4 visa attorney to complete the application is not required, it is highly recommended, as successfully submitting an error-free, accurate, and timely application is a daunting process.
Here are the key steps in the F4 visa application process:
- Filing Form I-130. The F4 visa application process starts with the U.S. citizen sibling filing Form I-130—Petition for Alien Relative—with the U.S. Citizenship and Immigration Services (USCIS). This form is designed to establish the familial relationship between the foreign sibling and U.S. citizen sibling.
- Receiving a priority date. After filing the I-130 petition, the applicant will receive a priority date—the date when the petition was officially received by the USCIS. This date is important because F4 visas are used in chronological order according to their priority dates.
- Petition approval. If approved, the USCIS will send the petition to the National Visa Center (NVC) for processing. Note that just because a petition is approved does not guarantee a visa; it merely confirms the familial relationship.
- Waiting period for visa availability. The U.S. Department of State Visa Bulletin, which is published monthly, indicates when a visa number is available based on its priority date. Due to the annual visa caps, the waiting period can take several years.
- National Visa Center (NVC) processing. After the visa becomes available, the NVC will notify the F4 petitioner and applicant. During this period, the NVC may request additional documentation, including an Affidavit of Support (Form I-864) from the U.S. citizen petitioner.
- Submitting the supporting documents. The applicant must submit all of the required documentation to the NVC, including proof of relationships, various civil documents, medical examinations, and more.
- Submitting the visa application and fees. After submitting the necessary paperwork, the applicant will complete and submit the visa application (Form DS-260) and pay the filing fees.
- Applicant visa interview. The visa beneficiary will typically be scheduled for an interview at a U.S. embassy or consulate in their home country. During the interview, the consular official will confirm the applicant’s visa eligibility.
- Visa approval and issuance. If the application is approved, the beneficiary’s visa will be issued, allowing them to travel to the United States.
- Entry into the U.S. and status adjustment. When they arrive in the United States, the beneficiary will be admitted as a permanent resident and can apply for a permanent resident card, which will be mailed to them.
As you can see, the F4 visa application process is long and complicated. If you’re considering applying for an F4 visa, it’s a good idea to work closely with a F4 lawyer to navigate the process. An experienced visa attorney from Naya Immigration can provide the legal advice you need to streamline the process.
How Long Does the F4 Visa Application Process Take?
The processing time for an F4 visa application varies widely depending on the applicant’s nationality and U.S. policy. Of the 65,000 visas allotted to F4 recipients each year, no more than seven percent can be used by one country.
Because of these restrictions and the fact that visas are processed in chronological order, an applicant from a high population country may experience much longer wait times than a prospective beneficiary from a smaller country. Applicants from countries such as China, India, Mexico, and the Philippines often wait years for their priority date to become current.
Conversely, people applying from countries where the demand is low may see their visas processed within a year. Applications containing errors and inaccuracies, as well as submissions with incomplete paperwork, may take even longer to process, which is why working with a U.S. immigration law expert is typically advised.
Naya Immigration: Trusted F4 Visa Lawyers in California
Everyone deserves the chance to reunite with their family members, no matter where they live. Bringing a sibling to the USA, however, can be much more difficult than many people realize. Before beginning the F4 immigrant visa application process, it’s important to consult a legal professional about your eligibility, necessary documents, and other requirements.
The compassionate legal team at Naya Immigration is here to help. When you’re ready to take the next steps forward, contact our law office to schedule an appointment.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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