Family Based Immigration

There are several categories of what are defined as Family-Based Preferences. Here, there are quotas and waiting periods that apply. The first step is to determine that you do not fall into the Immediate Relative category, because you do not need this section if that category is applicable. You should consult the rules in this category very carefully if the Immediate Relative definition does not apply to your situation.

Family-Based Preferences are defined generally as the following:

• Family First Preference: Unmarried sons/daughters, over the age of 21, of a US citizen.
• Family Second Preference: Spouses and unmarried children of Permanent Residents.
• Family Third Preference: Married sons/daughters of US citizens.
• Family Fourth Preference: Brothers and sisters of US citizens.

Family First Preference: Unmarried Sons/Daughters of US Citizens - If you are over the age of 21 and have never been married, or are divorced or widowed, you can be the beneficiary of a Petition for a Green Card. This category has a quota each year. Currently, the waiting period can be several years or more, depending upon the number of applications.

Family Second Preference: Spouses and Unmarried Children of Permanent Residents - This category includes:

• Spouse of a lawful Permanent Resident, and unmarried children, under the age of 21, of this couple; and
• Unmarried sons/daughters, over the age of 21, of a lawful Permanent Resident.

Family Third Preference: Married Sons/Daughters of US Citizens - If you are married, you can still be the beneficiary of a Petition for a Green Card. This category also has a quota each year. There are long waiting periods in this category due to the current quotas.

Family Fourth Preference: Brothers and Sisters of US Citizens - Any brother or sister, at least 21 years of age, of a US citizen can be the beneficiary of a Green Card. As one might expect, there are long lists of those awaiting this type of Visa due to the imposed annual quota.

Family Based Immigration

1  2  3  4  5  6  7  8  9

Sections Available in Immigration

Family Based Immigration Employment Based Immigration Non-Immigrant Visas