Immigration through Family Member

Under U.S. immigration law, United State Citizens (USCs) and Legal Permanent Residents (LPRs) may sponsor certain family members to become permanent residents.

Family-based Immigration allows family members to immigrate either as Immediate Relatives of US citizens or through the Family Preference System. Family members must establish statutory eligibility, and if required satisfy the quota requirements.

 Immediate Relatives include:
a. Spouses of USCs
b. Unmarried Minor Children (under age 21) of USCs, and
c. Parents of USCs over age 21

 Family Preference System allows the following persons to immigrate:
a. F1 - First Preference: Unmarried Sons or Daughters (age 21 or over) of USCs
b. F2 - Second Preference:
    F2A –Spouses or Unmarried Children (under age 21) of LPRs
    F2B – Unmarried Sons or Daughters (age 21 or over) of LPRs
c. F3 -Third Preference: Married Sons and Daughters of USCs
d. F4 - Fourth Preference: Brothers and Sisters of USCs, where citizen is over age 21

 Quota System
The statute imposes strict numerical limitations on the number of preference relatives admitted annually to the U.S. as immigrants by capping the number of immigrant visas available in each of the four family-based preference categories. Immediate relatives are exempted from the quota system.
Under the quota system, immigrant visas are generally allocated based on a formula factoring the family preference, nationality of the intending immigrant, and the order in which the application was filed (priority date). While other factors may increase the number of family-based immigrant visas available during one year, in practice visa applications have far exceeded the quota numbers resulting in long waiting times in each of the family-based preference category.

Please consult the U.S. Department of State Visa Bulletin for current priority dates. Applications with a priority date earlier than the listed dates are currently being processed for immigrant visas.

 Derivative Beneficiaries
A derivative beneficiary is the spouse or unmarried child (under age 21) of a principal beneficiary under the family preference system. Dependent family members are eligible to immigrate under the same preference and priority date as the principal beneficiary. Except for the 2A preference category, they do not need to have a separate I-130 filed on their behalf.
Derivative members may “accompany” the principal beneficiary or “follow to join” if immigrating more than 6 months after the principal beneficiary.

 Application Process
The application process formally begins with the filing of Form I-130, Petition for Alien Relative with the USCIS by the USC or LPR family member. Typically the petition is accompanied by proof (birth or marriage certificate) of relationship with the intending immigrant. Once USCIS is satisfied that all legal requirements are met, it approves the petition.

Following approval, USCIS will retain the file if the parties indicated that they opted for the process of Adjustment of Status. USCIS will forward the approved petition to the National Visa Center if the parties indicated that they will be Consular Processing. 

 Conditional Resident Status
A Two-Year Conditional Residence Status is imposed on LPRs who obtained their status based on a marriage with a U.S. citizen that occurred within two (2) years of adjusting to permanent resident in the U.S. or entering the U.S. as a permanent resident following a consular process.