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Family-Based Green Cards
Family-Based Immigration
Paths to Permanent Resident (LPR) Status
There are two paths to LPR status depending on whether the applicant is living in the United States or another country at the time of application. Foreign nationals living abroad apply for an immigrant visa at a consular office of the Department of State, generally after DHS/USCIS has approved a sponsor petition for the intending immigrant. Once issued a visa, they may enter the United States and become lawful permanent residents when they are admitted at a port of entry.
Persons who qualify for legal permanent resident status who are living in the United States, including refugees, certain temporary workers, foreign students, family members, and certain undocumented immigrants, file an application for adjustment of status to lawful permanent residence with USCIS, generally after USCIS has approved a sponsor petition for the intending immigrant. At the time they apply for adjustment of status, they may also apply for permission to work. Adjustment of status applicants are granted lawful permanent residence.
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 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 has been used in immigration law to designate priority categories for 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.
U.S. lawful permanent residence (green card) provides a foreign national 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.
A legal permanent resident (LPR), or green card recipient, is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. They may also join certain branches of the Armed Forces, and apply to become U.S. citizens if they meet certain eligibility requirements.
Eligibility
Family-sponsored preferences consist of four categories: unmarried sons and daughters of U.S. citizens and their children; spouses, children, and unmarried sons and daughters of lawful permanent residents and their children; married sons and daughters of U.S. citizens and their spouses and children; and brothers and sisters of U.S. citizens aged 21 and over, and their spouses and children. The annual limit for family-sponsored preferences ranges from 226,000 to 480,000. Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs.
Family-Based Preference Categories |
Annual Visa Numbers 226,000 |
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First Preference: Unmarried sons and daughters of U.S. citizens |
23,400 |
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Second Preference: (A) Spouses, children, and unmarried sons and daughters of permanent residents (LPR) |
100,000 |
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Second Preference: Unmarried child of any age of LPR |
35,000 |
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Third Preference: Married sons and daughters of U.S. citizens |
23,400 |
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Fourth: 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 you must meet the following criteria:
- You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status, and
- You must prove that you can support your relative at 125% above the mandated poverty line.
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US Citizen may petition for |
Lawful Permanent Resident |
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There are a limited number of immigrant visas per government fiscal year. The immigrant visas are allocated based on preference categories. "Immediate relatives" of U.S. citizens do not have to wait for an immigrant visa number to become available once the visa petition is approved by the USCIS.
U.S. Citizen's "Immediate Relatives" are exempt from the Preference System. An exception exists for immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, who do not have to wait for an immigrant visa number to become available once the immigrant visa petition filed for them is approved.
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 sponsorship. 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 are not immediate relatives and spouses and children of permanent residents. There is a waiting line. The waiting time is determined by the petitioner's status (U.S. citizen or permanent resident) and the relationship. The wait is administered through what is known as preference categories.
The relatives in the remaining categories must wait for a visa number to become available according to the following preferences:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
- Second Preference: 2 (A) Spouses of lawful permanent residents, their unmarried children (under twenty-one), and 2 (B) Unmarried sons and daughters of lawful permanent residents.
- Third Preference: Married sons and daughters of U.S. citizens.
- Fourth Preference: Brothers and sisters of adult U.S. citizens.
Family-Sponsored Preference Categories and Availability of Visa Numbers:
1st Preference Category (Visa number available per year: 23,400) |
Unmarried Sons and Daughters of U.S. Citizens |
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2nd Preference Category (Visa number available per year: Approximately 135,000 - approximately 100,000 for 2A and 35,000 for 2B) |
Spouses and Children, and Unmarried Sons and Daughters of LPR (Permanent Residents) |
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3rd Preference Category (Visa number available per year: 23,400) |
Married Sons and Daughters of U.S. Citizens |
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4th Preference Category (Visa number available per year: 65,000) |
Brothers and Sisters of Adult Citizens |
The U.S. State Department publishes each month it's Visa Bulletin that provides the cutoff dates for each of the categories outlined above. A cutoff date references the priority date of a relative petition that was approved by DHS/USCIS.
Family-Based Immigrant Categories, Relationships and Backlogs
An alien's family-based immigration opportunities depend of four factors:
- The immigration status of the petitioning relative (i.e., U.S. citizen or lawful permanent resident);
- The nature of the family relationship (beneficiary's relationship to petitioner);
- The Petitioner-Sponsor must be 21 years or old;
- The existing and anticipated backlog (if any) of approved aliens in the relevant category for the country of chargeability.
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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. The USCIS approves petitions if it determines the underlying qualifying relationship is bona fide, or not for the purpose of obtaining an immigration benefit.
The USCIS forwards approved petitions to the Department of State (DOS). The DOS processes approved petitions from the USCIS to its consulates through the Department of State's 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.
For relatives of U.S. citizens who are not "immediate relatives" or for spouses and children of permanent residents the immigrant visas are not immediately available. Approved petitions 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 relative's home country. After additional material is provided by the foreign national 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.
