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Family Based Immigration
Family-Based Immigration ranges from bringing in
immediate relatives of U.S. citizens (spouse and unmarried children under 21 years of age and parents) to
"preference" relatives in several categories (unmarried children of U.S. citizens, spouse and unmarried children
of green card holders, married children of citizens, and brothers and sisters of U.S.
citizens).
Unlimited Family-Based
Immigrants - Immediate Relatives
Immediate
Relatives of U.S. Citizens (IR): These types of immigrant
visas are based on a close family relationship with a U.S. citizen, including
spouses, children, and parents. Additionally, a U.S. citizen can sponsor a
child adopted or to be adopted from abroad, if that child meets the definition
of orphan as provided for in immigration law. Family members of United States
citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.
For
immigration purposes, Immediate Relative classifications include:
Spouse of a U.S. Citizen (IR-1)
Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)
Orphan adopted abroad by a U.S. Citizen (IR-3)
Orphan to be adopted in the United States by a U.S. citizen (IR-4)
Parent of a U.S. Citizen who is at least 21 years old (IR-5)
Limited Family-Based
Immigrants
These
types of immigrant classifications involve specific, more distant, family
relationships with a U.S. citizen and some specified relationships with a
Lawful Permanent Resident. Under immigration law, there are fiscal year
numerical limitations on family preference immigrants as explained below.
Family First Preference (F1): Unmarried Sons
and Daughters of Citizens: 23,400 plus any numbers not required for fourth
preference.
Family Second Preference (F2): Spouses and
Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200,
plus the number (if any) by which the worldwide family preference level exceeds
226,000, and any unused first preference numbers:
A. Spouses and
Children: 77% of the overall second preference limitation, of which 75% are
exempt from the per-country limit;
B. Unmarried
Sons and Daughters (21 years of age or older): 23% of the overall second
preference limitation.
Family Third Preference (F3): Married Sons
and Daughters of Citizens: 23,400, plus any numbers not required by first and
second preferences.
Family Fourth Preference (F4): Brothers and
Sisters of Adult Citizens: 65,000, plus any numbers not required by first three
preferences.
NOTE: Grandparents,
aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.
Numerical Limitations for Limited Family-Based Immigrants
Whenever
there are more qualified applicants for a category than there are available
numbers, the category will be considered oversubscribed, and immigrant visas
will be issued in the chronological order in which the petitions were filed
until the numerical limit for the category is reached. The filing date of a
petition becomes the applicant's priority date. Immigrant visas cannot be
issued until an applicant's priority date is reached. In certain heavily
oversubscribed categories, there may be a waiting period of several years before
a priority date is reached. Check the Visa
Bulletin for the latest priority dates.
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