Green Card Family Preference Category

The United States Citizenship and Immigration Services (USCIS) provides green cards (permanent resident visas) to certain relatives of U.S. citizens and permanent residents.

Immediate Relatives of U.S. Citizens and Permanent Residents

Immediate relatives of U.S. citizens can get a green card relatively quickly. The number of permanent residence visas for immediate relatives of a U.S. citizen is unlimited, so there is always a visa available.

The immigrant qualifies as an immediate relative they are:

• The spouse of a U.S. citizen or permanent resident
• The child of a U.S. citizen, unmarried and under the age of 21
• The parent of a U.S. citizen, if the U.S. citizen is 21 or older
• The sibling of a U.S. citizen provided that the citizen is 21 or older

The Family Preference Category

A family member not in the immediate relative category can still be sponsored for a green card according to the following family “preference” categories:

• First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
• Third preference (F3) – married sons and daughters of U.S. citizens; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older)

Fiancé Visa

There is another visa category that is not technically a family visa but falls into that general area: the fiancé visa. A U.S. citizen can petition the USCIS to allow their future spouse to immigrate on this type of visa.

The fiancé visa (K-1 visa) has important time restrictions. The individual must enter the U.S. within 6 months of the date the visa is issued and must marry the U.S. citizen within 90 days following arrival into the U.S.

To be eligible for a K-1 fiancé visa, the individual must meet the following requirements:

• The marriage must be valid, meaning both parties intend to establish a life together, and they are not marrying to obtain a green card
• The individual must provide evidence that they intend to marry a U.S. citizen. An example would be copies of documents evidencing the plans for a ceremony and wedding reception
• The parties must have seen each other in person within the last two years (there are exceptions if the foreigner’s country prohibits this type of meeting)
• The U.S. spouse must be a U.S. citizen rather than a permanent resident
• The foreign party must be legally able to marry. They must be old enough and not be married to anyone else. They will need to provide a copy of a divorce or annulment decree if they have been married before

Once the individual marries their American fiancé, they may file for a green card by filing for an “adjustment of status” from the K-1 visa to a permanent residence visa.

How to Receive a Green Card While in the United States

To receive a green card while in the United States, the following must occur:

• First, the U.S. citizen or permanent resident files the “Petition for Alien Relative” (Form I-30). In this step, the U.S. party asks the USCIS to authenticate the foreigner as a relative
• Once approved, the foreign party files an “Adjustment of Status and Application to Register Permanent Residence or Adjust Status” (I-485). Other forms and documentation will be needed, including a medical exam certificate, passport-style color photos, and any required fees. The applicant must also deliver proof of their eligibility for permanent resident status, for instance, the certificate from their marriage to a U.S. citizen.
• Required documentation to establish nationality, relationship status, and more (it varies by the type of visa requested) must be provided. This will include birth certificates, marriage certificates, etc.

How to Receive a Green Card While Outside the United States?

The Department of State issues visas to people who are outside the United States. Just as with the visa granted if the person is in the United States,

• First, the U.S. citizen or permanent resident files petition Form I-130 to get the relative certified as properly related
• Next, the foreign party completes form DS-160 (Online Nonimmigrant Visa Application) online and uploads a photograph
  • The applicant then schedules an interview with the nearest U.S. embassy or consulate. When going to the visa interview, the applicant must bring the following:
• A passport that is valid for at least the next six months
• The appointment letter (sent out after the appointment is scheduled)
• Photographs
• DS-260 Confirmation Page (sent out when the embassy or consulate approves the form)
• Originals or photocopies of the uploaded documents along with the DS-160 application. The list of documents for each type of visa is tailored to fit the circumstances but will include birth certificates, marriage certificates, and other proof of relationship between the parties
• Translations of any documents that are not in English
• Visa application fees

The Waiting List

Only 226,000 family-based visas may be issued in a single fiscal year. There is also a limit to the number of family-related visas granted per country of origin (25,620 per country).

A waiting list is created when the demand for visas is higher than the supply. The visas are distributed according to a prospective immigrant’s preference category, country of origin, and “priority date.” (The “priority date” is the date the application was successfully accepted for processing.) Approximately 4 million people are on the waiting list for family-based visas.

The wait for a family-based visa is very long. It can be as much as a decade. As of December 2022, family-based visas were available as follows:

• First preference: applicants whose priority date is before August 2016 (there is more of a backlog for visas for people from Mexico and the Philippines)
• Second preference F2A: All priority dates may file
• Second preference F2B: applicants whose priority date is before January of 2017 (again, there is more of a backlog, and thus longer waits, for people from Mexico and the Philippines)
• Third preference: applicants whose priority date is before November of 2019 (longer waits for people from China, India, Mexico, and the Philippines)
• Fourth preference: December 2007 (greater backlog for people from India, Mexico, and the Philippines)

Critics argue that the long wait times for a visa to become available cause American families significant misfortunes. They can be forced to wait years to reunite with their spouse, children, or other family members. Family separation can create serious economic, logistical, and emotional difficulties for families.

In addition, backlogs are growing as more people try to move to the United States every year to join their families. This makes planning for future events very difficult.

Should I Talk to a Lawyer about the Family Preference Category?

Immigration laws are extremely complex. A family member may seem to fit into the family preference category when ineligible. You should contact an immigration lawyer to discuss helping a family member obtain a visa. You may have options of which you might not be aware.

Immigration law is complicated, even more so because it is subject to change from year to year. If you or a relative want guidance regarding immigration options, you should speak with an immigration lawyer.

Every year approximately 6000,00 family-based visa petitions are filed:

• Eleven percent are rejected because they lack information or evidence, or the petition was not properly completed or filed.
• Another 12 percent of the petitions are denied

You don’t want yours to fall into one of those two categories.

Your immigration attorney will know your options and can prepare the forms to ensure that everything is answered correctly and that any necessary supporting documents are included in the filing. Your lawyer can also stand up for you in immigration court if necessary.