Family Based Immigration

Family-based immigration is divided into two main categories: Immediate Relatives and Family Preference Categories.

a. Immediate Relatives: These are the closest family relationships to U.S. citizens and include:

• Spouses of U.S. citizens.

• Unmarried minor children (under 21) of U.S. citizens.

• Parents of U.S. citizens (if the sponsoring individual is at least 21 years old).

b. Family Preference Categories: These categories are for more distant relatives of U.S. citizens and permanent residents and have annual numerical limits. The preference categories include:

• First Preference (F1): Unmarried adult children (over 21) of U.S. citizens.

• Second Preference (F2):

  • F2A: Spouses and unmarried minor children of green card holders.

  • F2B: Unmarried adult children (over 21) of green card holders.

• Third Preference (F3): Married adult children of U.S. citizens.

• Fourth Preference (F4): Siblings of U.S. citizens.

The U.S. citizen or permanent resident who wants to bring their family member to the U.S. serves as the sponsor. The sponsor needs to file an immigrant petition on behalf of the intending immigrant family member using Form I-130, Petition for Alien Relative. This form establishes the familial relationship and initiates the immigration process.

Family preference categories have annual limits on the number of visas that can be issued, resulting in varying waiting times. Immediate relatives, on the other hand, do not face numerical limits and generally have shorter waiting times.

Due to the annual limits, a "priority date" is assigned to each approved I-130 petition. This date establishes the immigrant's place in the queue. The U.S. Department of State's Visa Bulletin provides information on current priority date cut-offs for each preference category, indicating who can proceed with the next steps of the process.

Once the priority date becomes current, the intending immigrant can move forward. Immediate relatives can usually proceed immediately since there are no numerical limits. Family preference category applicants wait until their priority date matches or passes the current cut-off.

If the intending immigrant is already in the U.S., they can apply for lawful permanent residency (green card) through a process known as "adjustment of status." This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

If the intending immigrant is outside the U.S., they must complete "consular processing." This involves attending an interview at a U.S. embassy or consulate in their home country. If approved, they will receive an immigrant visa, allowing them to enter the U.S. as a lawful permanent resident.

All intending immigrants, regardless of the process they follow, need to undergo medical examinations and background checks to ensure they meet health and security requirements.

After successfully completing either the adjustment of status or consular processing, the intending immigrant will be granted lawful permanent residency (green card), which allows them to live and work in the U.S.