Family-Based Immigration
Family-based immigration is the process of becoming a permanent resident of the U.S. on the basis of a familial relationship. The process generally begins with a U.S. citizen or lawful permanent resident filing a petition with the U.S. Citizenship & Immigration Services (USCIS) on behalf of the foreign national family member.
The length of the process will depend on the type of family relationship. Federal law places limits on the number of visas released to certain family categories, while other applications under other categories are subject to no limitations. The categories are as follows:
Unlimited family-based immigration
- Spouses, fiancés, and widow(er)s of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens who are 21 or older
Limited family-based immigration
- 1st preference: unmarried sons and daughters (21 or older) of U.S. citizens, and their children
- 2nd preference (2a): spouses and minor children of lawful permanent residents
- 2nd preference (2b): unmarried sons and daughters (21 or older) of lawful permanent residents, and their children
- 3rd preference: married sons and daughters of U.S. citizens, and their spouses and children
- 4th preference: brothers and sisters of U.S. citizens who are 21 or older, and their spouses and children
In addition to the initial petition filed by the citizen or resident family member, the permanent residence application process requires an application to be filed by the foreign national applicant. The type of application at this phase depends on whether the applicant is able to apply from within the United States (Adjustment of Status) or must instead apply at a U.S. embassy or consulate overseas (Consular Processing).
This summary of Family-Based Immigration does not represent legal advice to any specific case. Interested applicants are advised to consult with an immigration attorney prior to initiating the process.
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