Family-based Visa Avenues

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FAMILY-BASED VISA AVENUES
Preference Categories
Petitions by Legal Permanent Residents
Petitions by U.S. citizens

PREFERENCE CATEGORIES

Relatives in the following “preference” categories are subject to limits on the number of visas that can be issued each year. Consult the visa bulletin for current processing information. The date of file establishes the priority date for a given petition.

First Preference

Unmarried sons or daughters (over age 21) of U.S. citizens

Second Preference

(2A) Spouses and unmarried children (under age 21) of legal permanent residents
(2B) Unmarried sons and daughters (over age 21) of legal permanent residents

Third Preference

Married sons and daughters of U.S. citizens

Fourth Preference

Brothers and Sisters of U.S. citizens

Note: In immigration law, the term 'child' is reserved for children under age 21. Once a child reaches 21, he or she is then referred to solely as a son or daughter.

LEGAL PERMANENT RESIDENTS
can petition for spouses, children, sons, & daughters

Beneficiaries of these petitions must wait, even after the petition is approved, for a visa to become available

Visas for relatives of legal permanent residents are limited and allocated according to 2A and 2B preference categories:

Spouses and Unmarried Children under age 21 of Legal Permanent Residents receive 2A Preference
Married children and children over 21 of Legal Permanent Residents receive 2B Preference

U.S. CITIZENS
can petition for parents, spouses, sons, daughters, fiancé(e)s, & siblings

Fiancé(e)s:

USCs can petition for fiances using the K1 process, which allows the beneficiary a nonimmigrant visa to enter the United States for the sole purpose of marrying the petitioner. The beneficiary must marry the petitioner or return home. After marriage, the beneficiary must still adjust status in order to acquire legal permanent residency.

Immediate Relatives:

Spouses, parents, and unmarried children (under 21) of USCs are 'Immediate Relatives' and thus avoid quotas and preference categories.
An immediate relative does not have to wait under a preference category for a visa to become available and therefore may, if inside the U.S., immediately apply for adjustment of status to legal permanent residency or, if outside the U.S., consular process for issuance of legal permanent residency status. Includes Widow / Widower under special circumstances.
Immediate Relatives inside the United States have the option to apply to adjust status from within the United States simultaneously with the submission of a relative petition.
Immediate Relatives located outside of the United States cannot apply to "adjust status" to legal permanent residency. However, once the relative petition is approved, he or she can apply for a visa through the consulate.
Spouses of U.S. citizens located outside the U.S. may choose between utilizing:
- consular processing for an immigrant visa, which requires the spouse to wait abroad for an immigrant visa to be granted; or,
- the K3 spousal visa process, which allows the spouse to take advantage of the speed fiances are afforded under the K1 process. Thus, spouses may enter as a K3 nonimmigrant.
  - While this affords a faster entry, entering as a nonimmigrant is not equal to having status as a permanent residence; thus, the K3requires a later adjustment to legal permanent residency.
  - Children of the spouse can enter with a K4 visa.

Others:

Visas are limited for those who are not immediate relatives of U.S. citizens and are allocated by First, Third, and Fourth Preference Categories

Married children and any son or daughter over 21 as well as brothers and sisters of U.S. citizens are not considered immediate relatives
A relative petition must be first approved that establishes the bona fide relationship.
In addition, a visa has to become available under the number system before adjustment of status or consular processing can proceed.