Immigration Eligibility and Preference Categories

Understanding these categories helps you know:

• Who you can sponsor
• How the process moves from U.S. Citizenship and Immigration Services (USCIS) to the National Visa Center
• What documentation your relative will need

Going through a family-based immigration journey can feel overwhelming and challenging. Knowing how the process works is crucial, especially when navigating preference categories and understanding priority dates. Staying informed can help you navigate this process on your own, but legal help is available if you need more support. An immigration attorney near you can guide you through each step and help you avoid delays and mistakes.

Keep reading to learn about visa eligibility and preference categories.

What Does the Immigration Preference Category Mean

The U.S. government allows certain qualifying foreign nationals who are family members of lawful permanent residents (LPR) and U.S. citizens to migrate to the United States as lawful permanent residents. The U.S. embassy or consulate of the beneficiary’s home country often processes the petition.

The relative you want to bring over must obtain an immigrant visa number in their preference category.

U.S. Citizenship and Immigration Services (USCIS) classifies people wanting to immigrate based on a preference system. The relatives in the remaining categories must wait for an immigrant visa number according to the following preferences:

• First preference (F1): Unmarried children 21 years of age and older of U.S. citizens
• Second preference (F2A): Spouses and unmarried children under 21 of LPRs
• Second preference (F2B): Unmarried children 21 years of age and older of lawful permanent residents
• Third preference (F3): Married sons and daughters of U.S. citizens
• Fourth preference (F4): Brothers and sisters of U.S. citizens if the U.S. citizen is 21 and older

Once you submit your I-130 Petition for Alien Relative to USCIS, it will approve or deny it. It will also send a request if they need an affidavit of support or other documentation.

If USCIS approves the visa petition, it will notify the petitioner. USCIS will send the approved visa petition to the Department of State’s National Visa Center, which will remain until an immigrant visa number is available. The Center will notify you and the foreign national when it gets the visa petition. It will again notify you when an immigrant visa number becomes available.

You don’t need to contact the National Visa Center unless:

• You change your address; or
• There is a change in your situation (or that of your alien relative) that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

How To Sponsor Family Members Immigrating to the U.S.

Your immigration status determines which relatives you can sponsor to the United States. To be eligible to sponsor a family member to come to the U.S. with an immigrant visa, the sponsor should be at least 21 and either a:

• U.S. citizen
• Lawful Permanent Resident (green card holder)
• Refugee admitted or asylee granted asylum status within the past two years

Types of Family-Based Immigrant Visas:

There are two types of family-based immigrant visas. They can either be immediate relatives or family preferences.

Immediate Relative Immigrants

These visas are for close family ties with the sponsor. The number of immigrants who can get visas under this category is not limited to every fiscal year. You are an immediate relative of a U.S. citizen or a lawful permanent resident if you are:

• Spouse
• Unmarried child under 21; or
• Parent of a U.S. Citizen if the citizen is 21 or older

Family Preference Immigrants

These visas are for more distant or specific family relationships with the sponsor. USCIS sets numerical limits on how many can obtain this visa each fiscal year.

Note that a U.S. citizen can petition their:

• Spouse
• Child or children
• Parents
• Siblings of U.S. citizens

Lawful permanent residents can only petition for immigrant visas for their:

• Spouse
• Unmarried son or daughter

Required Documentation for Bringing Your Child to the United States

To bring your children to the United States, you must show the following documents to USCIS:

• Petition for Alien Relative (Form I-130)
• For U.S. citizens, evidence of your U.S. citizenship. This could be your U.S. passport, consular report of birth abroad, a copy of your naturalization certificate, or your citizenship certificate.
• For permanent residents, your status with a copy of your green card or your foreign passport showing a stamp of your permanent residence
• If you or your child’s name has changed, proof of the change of name could be a marriage certificate, divorce decree, court judgment of change of name, etc
• Proof of relationship with the child

Required Documentation for Bringing a Spouse to the United States

To complete the process of petitioning a spouse to the U.S., you, as a petitioner, should submit the following documents:

• Petition for Alien Relative (Form I-130)
• A copy of your civil marriage certificate
• Passport-style photos of you and your spouse
• A copy of all annulment decrees, divorce decrees, death certificates, or other documents demonstrating that all previous marriages entered into by you and your foreign national spouse were terminated
• Evidence of all legal name changes of you and your spouse
• Proof of your U.S. citizenship. This could be your U.S. passport, consular report of birth abroad, a copy of your naturalization certificate, or your citizenship certificate.
• For permanent residents, your status with a copy of your green card or your foreign passport showing a stamp of your permanent residence

Can My Child or Spouse Come to the U.S. While the Petition is Pending?

Family-based preference visas have high demand. This often creates a backlog of applications. So, it’s common for immigrant visa applications to take time to process.

Once you submit your Form I-130, U.S. citizens can file Form I-129F. Although this form is titled “Petition for Alien Fiancé(e)”, this form also allows U.S. citizens to petition for a spouse to receive a K‑3 visa or their child for a K‑4 visa.

K-4 nonimmigrant visa will allow your child to go to the U.S. to live, go to school, or work pending their immigration application. But a K-3 visa for your spouse will allow them to come to the U.S. to live and work while awaiting their permanent resident status.

You are not required to file Form I-129F. This nonimmigrant visa will only allow them to come to the U.S. pending the petition. But your child or spouse may opt to wait in their home country while the visa petition gets processed.

An Immigration Attorney Can Help

U.S. immigration laws, such as the Immigration and Nationality Act (INA), are challenging to understand. Especially when navigating through the intricate rules of family-based immigration petitions involving your loved ones. There are also certain situations where you are eligible for the waiver of specific requirements.

Although this guide offers a comprehensive overview for people trying to bring family members to the U.S., the requirements vary by case. An immigration attorney can explain preference visa categories and how they apply to you. They can also provide other immigration services such as:

• Adjustment of status to legal permanent resident (LPR)
• Visa applications for employment-based immigrants, skilled workers, religious workers, and special immigrants
• Appealing visa denials
• Pursuing eligibility under the visa waiver program

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.