USCIS

In order to obtain permanent resident status through a family relationship you first must have a relative who is a US citizen or a Legal Permanent Resident. The individual who is a US citizen or permanent resident is called the petitioner and the person applying for the status (the foreign national) is the beneficiary.

There are two family based categories under US immigration.  One is the Immediate Relative category and the other is Family Preference category.  While the number of green cards given each year under the Immediate Relative category  is unlimited, the Family Preference Category is subject to numerical limitations

The Immediate Relative Category:

Under the Immediate Relative Category, allows certain family members to qualify for green cards. There are three types:

• 1: Spouses of U.S. Citizens
• 2: Children of US Citizens (Child be unmarried and under the age of 21 to qualify)
• 3: Parents of U.S. Citizens (Citizen must be at least 21 years old)

The Family Preference Category:

The Family Preference category allows certain family members (not considered preferred as immediate relatives of US Citizens)  to qualify for green card.  As previously stated, there is limited number of green cards that is given each year under this category.

Under the Family Preference Category, there are four types

• 1: Unmarried sons and daughters of U.S. citizens.
• 2: Spouses and unmarried sons and daughters of Legal Permanent Residents (LPRs).
• 3: Married sons and daughters of U.S. citizens.
• 4: Brothers and sisters of U.S. citizens.

Since many more people apply for green cards each year under this category than there are available, there is a waiting list for each of the four types. When a person submits an application under the family preference category, that person is given a priority date, and when the priority date becomes current, the person can then apply to immigrate in the US. To find out whether a priority date is current, the person needs to check the most current visa bulletin that is issued by the Department of State.

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