Family Preference and Immediate Relative Petitions: The Basics

The U.S. Immigration Law facilitates family unity through two primary visa categories. First, Immediate Relative Petitions, and second, Family Preference Immigrants. These are subject to numerical caps, leading to varying wait times indicated by the Visa Bulletin on the U.S. Citizenship and Immigration Services (USCIS) website.

This article provides a comprehensive overview of the family-based immigration process. It includes information about eligibility requirements, application procedures, and crucial considerations for both sponsors and beneficiaries.

Reuniting with the people you love shouldn’t feel overwhelming, but the immigration process often does. Contact a local immigration attorney for legal help sponsoring a family member or a beneficiary of a family-based visa.

Immediate Relative Petitions Get Priority

Immigrant petitions for immediate relatives of U.S. citizens have priority over family preference immigrants. This means they don’t have priority dates and don’t have to wait like those in other immigrant categories.

Immediate relatives include:

• Parents
• Minor children
• Spouses
• Minors of a U.S. citizen

Under Section 203 of the Immigration and Nationality Act (INA), U.S. citizens can act as green card sponsors for their immediate relatives.

Family Preference Petitions

Only U.S. citizens can file immediate relative petitions. But family preference categories are available for U.S. citizens and green card holder sponsors.

The list below shows which family relationships qualify for citizen and green card holder family preference petitions. The petitioner must file Form I-130 petition to begin the process. This form is also known as the petition for alien relatives.

U.S. citizens can sponsor the following relatives via a family preference petition:

• Unmarried children who are older than 21 (first preference)
• Married sons and daughters of any age (third preference)
• Siblings, if the U.S. citizen petitioner is more than 21 (fourth preference)

Green card holders can sponsor the following eligible relatives via a family preference petition:

• Their spouse
• Unmarried children of any age (second preference)

The priority date will depend on the visa’s preference category. These visas are also referred to as preference visas.

Navigating the Visa Application Process

After the USCIS approves the immigrant visa petition, the National Visa Center (NVC) handles the case. The USCIS forwards it to the NVC for pre-processing.

Sponsorship for immediate relatives is not limited. But the U.S. government set a numerical limit for family preference categories and employment-based immigrants. These factors could affect the wait times and visa processing.

Once the USCIS receives your Petition for Alien Relative (Form I-130 petition), it will set the priority date. The priority date will be the date the beneficiary begins waiting for the visa number to become available. The U.S. Department of State releases the visa number monthly through the Visa Bulletin.

The Visa Bulletin will show if more immigrant visas are available than applicants in each fiscal year. The USCIS determines the number of visas available. If the visa applicant is outside the country, they may opt for consular processing at the U.S. embassy in their home country.

The petitioner and the beneficiary must submit certain documents during the application process. These documents include an affidavit of support. This will show whether they have the financial means to support the visa petition. The proof of capacity to support is crucial for petitioners to provide immigration benefits.

The beneficiary must also undergo a medical examination, an interview with USCIS officers, and more.

The application for a nonimmigrant visa or an immigrant visa is complex. Applicants and petitioners should consult an immigration attorney. They can help with visa processing and ensure you have all the requirements, depending on your visa category.

Waiver and Adjudication

If an immigration officer finds any ground for inadmissibility for legal immigration or green card application, the applicant may apply for a waiver. The waiver would excuse specific grounds of inadmissibility. This would prevent possible cases of deportation or removal.

Adjustment of Status and Naturalization

An immigrant with lawful permanent resident status (LPR) may apply for naturalization. The naturalization process would lead to U.S. citizenship. But note that this often involves more paperwork and longer wait times.

If you want to apply, file an Application for Naturalization (Form N-400) with the USCIS to start the U.S. citizenship or naturalization process. If approved, you will get the immigration benefits offered by the U.S. government to citizens.

There are also cases where you can submit an employment-based petition. This visa is available for noncitizens with extraordinary abilities in specific fields or nonimmigrant employees petitioned by their employers.

Be Prepared To Wait

When the USCIS approves your petition, it sets your place on the waiting list. Some categories of immigrants only receive a limited number of green cards per year. Establishing your place in line is extremely important. Other categories of immigrants, such as close relatives of US citizens, typically don’t have limits on the number of green cards offered.

The date your sponsor sent in the visa petition is your “priority date.” Check the State Department’s Visa Bulletin to see which priority dates are allowed to move forward with filing for a green card. The date you’ll need to reference depends on your preference category, determined by your relationship to the sponsor.

Processing times can vary. But expect longer than normal wait times. If you self-petition, be particularly mindful that additional delays may be part of your process in obtaining a green card.

Get Legal Help Petitioning Relatives and Family Members

If you’re ready to bring family members to the United States, an experienced immigration attorney can guide you through each step of the petition process. A lawyer can explain eligibility, prepare the right forms, avoid delays, and respond quickly to requests from USCIS. Working with a lawyer can be a meaningful step toward getting your family back in the same place.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.