Family-Based Preference Visa

What is a Family-Based Preference Visa?

The spouse, minor child, or parent of a U.S. citizen are all considered immediate relatives, and visas are always available to obtain Permanent Residency.

However, certain other family members of U.S. citizens and Lawful Permanent Residents must wait until a visa becomes available in order to obtain Permanent Residency. The government categorizes these types of visas based upon the familial relationship involved as follows:

(F1) First preference: U.S. citizens may sponsor their unmarried/adult sons and daughters (at least 21 years old);

(F2A) Second preference: this preference category is for U.S. Permanent Residents to sponsor their spouses and children (unmarried and under 21);

(F2B) Second preference: this preference category is for U.S. Permanent Residents to sponsor their adult unmarried sons and daughters (21 years of age and older);

(F3) Third preference: the sons and/or daughters of U.S. citizens who are married;

(F4) Fourth preference: brothers and sisters of U.S. citizens (the U.S. citizen must be at least 21).

How Long Does My Relative Have to Wait for a Visa?

Family members of U.S. citizens and Lawful Permanent Residents must wait until a visa becomes available before filing for adjustment of status or to obtain residency via consular processing.

To determine when a visa is available, you must check the Department of State’s Visa bulletin, updated monthly: Visa Bulletin.

Are All Family Members Listed Above in the Family Preference Categories Eligible For a Green Card?

Not all family members of U.S. citizens and Permanent Residents listed above can adjust status and obtain a green card. First, your relative must have been admitted or paroled into the U.S. Second, your relative must currently be in the U.S. (if they are outside the U.S., they still may be eligible for a Green Card but they would need to pursue Consular Processing). Third, there must be no bars to adjustment applicable to your family member.

Do I File an Adjustment of Status Application if I am Outside the U.S.?

No, you would be following the procedures required of Consular Processing. If you are outside the U.S., your U.S. citizen or Lawful Permanent Resident would first file a Form I-130. Once approved, you would proceed with Consular Processing, which involves submitting relevant documentation and an interview at a U.S. embassy closest to you.