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Family-Based Green Cards
Family-Based Immigration
foreign citizen the privilege of permanently living and working in the United States. Generally, anyone who seeks U.S. permanent residence must have a family member or employer petitioner-sponsor.
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U.S. lawful permanent resident status ("green card") provides a foreign citizen the privilege of permanently living and working in the United States. Generally, anyone who seeks U.S. permanent residence must have a family member or employer as a petitioner-sponsor.
U.S. lawful permanent resident (LPR) status is evidenced by a USCIS-issued Form I-551, "Permanent Resident Card," or "green card." Permanent resident status confers certain rights and responsibilities. For example, permanent residents may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. A U.S. permanent resident may also join certain branches of the Armed Forces, and apply to become a U.S. citizen, or naturalize, if s / he meets certain eligibility requirements.
Eligibility
Eligibility for Permanent Residence (Family-Sponsored) & Preference Categories
The U.S. immigration laws limit the number of immigrant visas that are available each year. There are separate numerical limits for family-based immigrant visas and employment-based immigrant visas. The preference category system allocates the limited number of immigrant visas among several preference categories.
The preference categories are based on the beneficiary’s relationship to the petitioner, and whether the petitioner is a U.S. citizen or U.S. lawful permanent resident. The Department of State publishes the available visa numbers monthly in its Vise Bulletin.
The priority date is the date on which the beneficiary becomes eligible to apply for the U.S. immigrant visa, based on an approved Form I-130 (Petition for Alien Relative). It determines your place in the line to get an immigrant visa.
Family-sponsored preferences consist of four preference categories:
F-1-unmarried sons and daughters of U.S. citizens and their children;
F-2A-spouses and children (unmarried and under age 21) of lawful permanent residents;
F-2B-unmarried child of any age of lawful permanent residents;
F-3-married child (any age) of United States citizens;
F-4-brother or sister of U.S. citizen (citizen must be over age 21)
The annual immigrant visa limit for family-sponsored preference categories varies between 226,000 to 480,000. Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs, because U.S. immigration laws also immigrant visas to a per country limit of no more than 7% from any country.
Family-Based Preference Categories |
Annual Visa Numbers 226,000 |
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First Preference (F-1): Unmarried sons and daughters of U.S. citizens |
23,400 |
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Second Preference (F-2A): Spouses, children, and unmarried sons and daughters of permanent residents (LPR) |
100,000 |
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Second Preference (F-2B): Unmarried child of any age of LPR |
35,000 |
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Third Preference (F-3): Married sons and daughters of U.S. citizens |
23,400 |
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Fourth (F-4): Brothers and sisters of U.S. citizens (at least 21 years of age) |
65,000 |
Eligibility to Petition for a Relative. To be eligible to sponsor a relative to immigrate to the United States the petitioner must meet the following criteria:
- " The Petitioner must be a U.S. citizen or a U.S. lawful permanent resident (LPR or "green card" holder); and,
- The Petitioner or joint co-sponsor must satisfy the Affidavit of Support requirement.
U.S. citizens can petition for more relatives than can permanent residents.
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US Citizen may petition for the following relatives |
Lawful Permanent Resident may petition for the following relatives |
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"Immediate Relatives" of U.S. Citizens are Exempt From the Preference Category System
An exception to the preference category system exists for immediate relatives of U.S. citizens. "Immediate relatives" are defined to include:
- parents, spouses and unmarried children under the age of 21, of a United States citizen.
An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The advantage of qualifying as an immediate relative of a U.S. citizen is that there is no numerical limitation or backlog for the immigrant visa. The United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) refer to this as the "visa number is immediately available."
Immigrant visas are not immediately available for U.S. citizens' relatives who do not meet the definition of an "immediate relative."
Spouses and children of permanent residents are subject to the preference category system; there is no exception for them, similar to "immediate relative" of a citizen.
Approximate Visa Waits By Preference Category
| Family Category Name | Qualifying Relationship(s) | General Wait or Backlog |
| Immediate Relative | Spouse of USC (US citizen) Minor unmarried child (under 21) of USC Parent of USC (USC must be at least 21) Widow(er) of USC | None |
| K Visa | Fiancé(e) of USC | None |
| First Preference(F-1) | Unmarried child (over 21) of USC | 5 years Mexcio-18 years Philippines-15 years |
| Second Preference (F-2A) | Spouse or child (unmarried under 21) of LPR | 2 years Mexico-4 years DR-4 years |
| Second Preference (F-2B) | Unmarried child (of any age) of LPR | 8 years Mexico-4 years Philippines-11 years |
| Third Preference (F-3) | Married child (any age) of USC | 9 years Mexico-18 years Philippines-18 years |
| Fourth Preference (F-4) | Sibling of USC (USC must be over 21) | 10 years Mexico-15 years Philippines-22 years |
| Derivative Beneficiary | Spouse or child (unmarried under 21) accompanying or joining family-, employment-, or diversity-based or other immigrant, except immediate relative | Same as principal alien |
| Orphan | Orphan child (under 16) adopted by USC | None |
| Amerasian Child | Child believed to be fathered by USC Serviceman in S.E. Asia during Korean and Vietnam wars, and child and natural mother | 0-7 years |
Special Backlogs for foreign nationals from I-India; M-Mexico;
P-Philippines; C-China.; and DR-Dominican Republic
USC=U.S. citizen;
LPR=lawful permanent resident;
Derivative Beneficiaries receive the same order of
consideration as the principal aliens they accompany
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Family-Based Immigrant Categories, Relationships and Backlogs |
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Family Category Name |
Qualifying Relationship(s) |
General Backlogs |
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Immediate Relative |
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None |
None |
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K Visa |
Fiancé(e) of USC |
None |
None |
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Preference Categories for A Beneficiary Who Is Not an "Immediate Relative" of a U.S. Citizen |
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First Preference |
Unmarried child (over 21) of USC |
5 yrs. |
M-11.5 yrs. |
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Second Preference (A) |
4 yrs. |
M-7 yrs |
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Second Preference (B) |
Unmarried child (of any age) of LPR |
10 yrs. |
M-14 yrs. |
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Third Preference |
Married child (any age) of USC |
8 yrs. |
M-11 |
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Fourth Preference |
Sibling of USC (USC must be over 21) |
12 yrs. |
M-13 yrs. |
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Spouse or child (unmarried under 21) accompanying or joining family-, employment-, or diversity-based or other immigrant, except immediate relative |
Same as principal alien |
Same as principal alien |
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Orphan |
Orphan child (under 16) adopted by USC |
None |
None |
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Amerasian Child |
Child believed to be fathered by USC Serviceman in S.E. Asia during Korean and Vietnam wars |
0-7 yrs.; depends |
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Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs. |
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Special Backlogs for foreign nationals from I-India; M-Mexico; P-Philippines; C-China.
USC=U.S. citizen.
LPR=lawful permanent resident
Derivative Beneficiaries receive the same order of consideration as the principal aliens they accompany
USCIS Petition Approval. Petitioners submit Form I-130, "Petition for Alien Relative," to the United States Citizenship & Immigration Services (USCIS) for approval. USCIS approves petitions if it determines the underlying qualifying relationship is bona fide, or not for the purpose of obtaining an immigration benefit.
If the beneficiary-relative is physically present in the United States and eligible to adjust status, s / he may not need to receive the immigrant visa at the U.S. Consulate abroad. In this circumstance, it may be better to concurrently file the application to adjust status and process for the "green card" or immigrant visa with the USCIS in the United States.
If the beneficiary has not been issued a lawful visa and is not lawfully present in the United States, USCIS forwards approved petitions to the Department of State (DOS). The DOS issues visa through its Consulates. USCIS forwards approved petitions to the DOS' National Visa Center (NVC).
"Immediate relatives" of U.S. citizens do not have to wait for a visa number and their cases are promptly forwarded to the appropriate U.S. consulate for visa processing.Beneficiaries who do not qualify as "immediate relatives" must wait for the visa number to come available in the Visa Bulletin. These cases are not forwarded to the U.S. Consulate until the visa number is immediately available according to the current Visa Bulletin.
When the immigrant visa number becomes available the NVC forwards the file to the appropriate U.S. Consulate in the beneficiary's home country. After additional material is provided by the foreign citizen beneficiary, an immigrant visa interview is scheduled at the U.S. Consulate. The consulate's issuance of any visa is discretionary in the Consular Officer.
Paths to Permanent Resident (LPR) Status
Adjustment of Status vs. Consular Processing. There are generally two processing paths to LPR status depending on whether the applicant is living in the United States or in another country at the time of application. Generally, foreign nationals living abroad apply for an immigrant visa at a U.S. Consulate after USCIS has approved a sponsor's petition (Form I-130).
The beneficiary of the petition attends a scheduled Visa Interview at the U.S. Consulate. If the Consular Visa Officer issues the immigrant visa, the beneficiary may apply to enter the U.S. pursuant to the immigrant visa, and becomes a lawful permanent resident when s / he is admitted into the United States at the port of entry.
Persons who qualify for lawful permanent resident status and who are living in the United States, including refugees, certain temporary workers, foreign students, family members, and certain undocumented immigrants, file an application to adjust status to lawful permanent residence with USCIS, and after USCIS has approved a sponsor petition for the intending immigrant, the beneficiary applies to adjust status. At the time s / he applies to adjust status, s / he may also apply for permission to work. The applicant attends an Initial Interview at a USCIS Field Office. Permanent Residence is a discretionary determination by the USCIS Adjudications Officer.
Admission Priorities. The Immigration and Nationality Act (INA) and its amendments ("immigration laws") give priority for immigration status to foreign nationals who have a close family relationship with a U.S. citizen or permanent resident (LPR), who have needed job skills, who are from countries with relatively low levels of immigration to the United States, or who have refugee or asylee status.
Preference Immigration and Diversity Limits. The term "preference" designates priority categories for immigrant visas and LPR status. The INA sets limits on the annual number of immigrant visas available: the annual limit of between 416,000 and 675,000 currently exists for family-sponsored preference, employment preference, and diversity immigrants.
