Categories of family-based immigration in the U.S.
Family-based immigration in the U.S. is divided into two main categories: Immediate Relatives and the Preference System. Here’s a breakdown of each category:
- Immediate Relatives: Immediate Relatives refer to close family members of U.S. citizens who are given priority for immigration due to their immediate relationship. There are three main types of immediate relatives:
a. Spouses: The spouse of a U.S. citizen qualifies as an immediate relative, allowing them to apply for a green card without being subject to numerical limitations.
b. Children: Unmarried children under the age of 21 who are biological or adopted children of U.S. citizens are considered immediate relatives. Like spouses, they are exempt from numerical limits.
c. Parents: Parents of U.S. citizens who are at least 21 years old also fall under the immediate relative category. However, only U.S. citizens (not green card holders) can sponsor their parents. - Preference System: The Preference System encompasses certain family members of U.S. citizens and lawful permanent residents (green card holders) who are eligible for family-sponsored immigration, but they have limited visa numbers available each year. The preference system is further divided into several preference categories:
a. F1 – Unmarried Sons and Daughters of U.S. Citizens: This category includes unmarried children over the age of 21 of U.S. citizens.
b. F2A – Spouses and Children of Permanent Residents: Spouses and unmarried children (under 21) of lawful permanent residents fall under this category.
c. F2B – Unmarried Sons and Daughters of Permanent Residents: Unmarried children over 21 of lawful permanent residents are placed in this category.
d. F3 – Married Sons and Daughters of U.S. Citizens: Married children of U.S. citizens, along with their spouses and children, are part of this preference category.
e. F4 – Brothers and Sisters of Adult U.S. Citizens: Siblings of U.S. citizens, along with their spouses and children, are included in this category.
It’s important to note that the wait times for visa processing and green card issuance can vary widely depending on the category and the petitioner’s immigration status. The Immediate Relatives category generally has faster processing times compared to the Preference System, which may involve longer waiting periods due to numerical limitations and higher demand.
Understanding these categories helps individuals and families navigate the complex family-based immigration process in the U.S.
Who are “immediate relatives”?
“Immediate relatives” are a specific group of close family members who are given special priority in the U.S. immigration system. These individuals are eligible for certain immigration benefits and are exempt from the numerical limitations that apply to other family-sponsored immigration categories. Immediate relatives are considered a top priority for family-based immigration, which means they generally have faster processing times and fewer restrictions compared to other family-sponsored immigrants.
In the context of U.S. immigration, the term “immediate relatives” refers to the following three categories of family members of U.S. citizens:
- Spouses: The legal husband or wife of a U.S. citizen qualifies as an immediate relative. This category includes both heterosexual and same-sex spouses.
- Children: Unmarried children under the age of 21 who are biological, stepchildren, or adopted children of U.S. citizens are considered immediate relatives. This includes biological children born in or out of wedlock, as well as stepchildren who were under 18 when the marriage creating the stepchild relationship occurred.
- Parents: Parents of U.S. citizens who are at least 21 years old are also classified as immediate relatives. However, only U.S. citizens (not lawful permanent residents or green card holders) can sponsor their parents for immigration.
The immediate relatives category is unique because it does not have a cap on the number of visas available each year. This means that eligible immediate relatives can apply for their immigrant visas or green cards without waiting for visa numbers to become available, which is a common limitation in the preference-based family-sponsored immigration system.
Immediate relatives enjoy certain benefits, such as shorter processing times and more straightforward application procedures, making it faster and easier for U.S. citizens to sponsor their close family members to join them in the United States.
Who are “family preference” relatives?
“Family preference” refers to a set of categories within the U.S. immigration system that allow U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for immigration to the United States. Unlike the “immediate relatives” category, which includes close family members of U.S. citizens and has no numerical limitations, the family preference categories have limited visa numbers available each year. As a result, individuals in these categories often face longer waiting times before they can immigrate to the U.S.
The family preference categories are as follows:
- F1 – Unmarried Sons and Daughters of U.S. Citizens: This category includes unmarried children over the age of 21 of U.S. citizens. Because the demand for these visas often exceeds the supply, there can be significant waiting times.
- F2A – Spouses and Children of Permanent Residents: Spouses and unmarried children (under 21) of lawful permanent residents (green card holders) are eligible for this category. Unlike the F1 category, there is usually less demand for these visas, leading to shorter waiting times.
- F2B – Unmarried Sons and Daughters of Permanent Residents: Unmarried children over the age of 21 of lawful permanent residents fall under this category. Like the F1 category, waiting times can be lengthy due to the limited number of available visas.
- F3 – Married Sons and Daughters of U.S. Citizens: This category is for married children of U.S. citizens, along with their spouses and children. As with other family preference categories, the waiting times can be substantial.
- F4 – Brothers and Sisters of Adult U.S. Citizens: Siblings of U.S. citizens, along with their spouses and children, are part of the F4 category. This category often has some of the longest waiting times due to limited visa availability and high demand.
It’s important to note that the waiting times for family preference categories can vary widely based on factors such as the family relationship, the country of origin, and the overall demand for visas in each category. While immediate relatives have priority in the immigration process and are exempt from numerical limitations, individuals in family preference categories must wait until visa numbers become available before they can proceed with their immigration applications.