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Family Based Visas
Family immigration is divided into immediate relatives and preference relatives. Immediate relatives include spouses, children under age 21 and parents of U.S. citizens. These individuals are immediately eligible for permanent residence in the U.S., although the application process can typically take quite a while.
Immediate Relatives
Immediate relatives of U.S. citizens have the advantage of not being restricted to quotas. Approximately 250,000 immigrant visas are issued annually to spouses, children (under 21) and parents of U.S. citizens. The U.S. citizen must be over 21 to petition for a parent. There is no waiting line (quota) for these immediate relative visas. Individuals who qualify as immediate relatives:
- Spouses of U.S. citizens
- Unmarried people under the age of 21 who have at least one U.S. citizen parent
- Parents of U.S. citizens, if the U.S. citizen child is over the age of 21
Preference Relatives are divided into the following categories:
The preference relative category is limited by quotas, unlike the immediate relative category. The four preferences of relatives are as follows:
- First preference – unmarried adult children of any age with one parent a U.S. citizen.
- Second preference – spouses and children of U.S. permanent residence.
- Spouses and children under 21 years old, of green card holders.
- Unmarried sons and daughters of green card holders who are at least 21 years old.
- Third preference – married children of U.S. citizen
- Fourth Preference – sisters and brothers of U.S. citizens, where the U.S. citizen is at least age 21.
Other family preference categories include sons and daughters (over 21) of U.S. citizens, and brothers and sisters of U.S. citizens. But those in line as siblings now may wait 15 to 20 years.
Spouses and children (under 21) of permanent residents wait three or more years after filing the application for an available visa, while unmarried sons and daughters (over 21) of permanent residents wait some five years or more.
These are the only family relationships which allow immigration to the U.S. USCIS has very specific definitions of what constitutes “children” (including step children and adopted children) and “parents”. Family relationships are typically proven with birth certificates, marriage certificates and other legal documentation. The USCIS scrutinizes family relationships closely to ensure that relationships were not entered into merely for the purpose of obtaining immigration benefits.