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Green Card for Family

Family members of US citizens and permanent residents are eligible to be sponsored for permanent residence in the United States. Persons who have been granted permanent resident status in the United States are given a Green Card as proof of their status. There are several ways to get a US Green Card, the most common one being through family sponsorship.

Family-Based Green Card

A US citizen's spouse, unmarried children under the age of 21, and parents are referred to as "Immediate Relatives." The other relatives of US citizens -- unmarried children over the age of 21, married children of any age, and siblings (when the US citizen sponsor is above the age of 21) all fall under what is referred to as the "family preference category."

One of the simplest ways to get a Green Card is an immediate family member of a US citizen; the process comparatively straightforward and short. As soon as a petition by the US citizen sponsor is approved, a visa number is available and the beneficiary can apply for a Green Card. Persons in the preference categories have to wait for a visa number to become available, which happens only when their priority date becomes current. The priority date is the date on which the sponsor filed the petition for a family Green Card. The status of the priority date can be checked on the visa bulletin that is issued monthly by the Department of State.

Overview - Family-Based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and  family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR), the process is generally quick they don't have to be in waiting line for the availability of a visa. The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

  • IR-1: Spouse of a U.S. Citizen
  • IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
  • IR-3: Orphan adopted abroad by a U.S. Citizen
  • IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
  • IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

  • Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
  • Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of Lawfull Permanent Residents. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
  • Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
  • Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

Numerical Limitations for Limited Family-based Preference Categories

Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date. The filing date of a petition becomes what is called the applicant's priority date . Immigrant visas cannot be issued until an applicant's priority date is reached. In certain categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached. Check the Visa Bulletin for the latest priority dates.