US - Permanent Immigration - Family
The Immigration and Nationality Act of 1990 (INA) describes all of the family members that can be sponsored for immigration to the United States. They are:
Immediate Relatives of U.S. Citizens
These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.
For immigration purposes, Immediate Relative classifications include:
- Spouse of a U.S. Citizen
- Unmarried Child Under 21 Years of Age of a U.S. Citizen
- Orphan adopted abroad by a U.S. Citizen
- Orphan to be adopted in the United States by a U.S. citizen
- Parent of a U.S. Citizen who is at least 21 years old
Family-Based Immigrants
These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.
- Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
- Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
- Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)
NOTE: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.
Far more people apply for visas every year than the Immigration and Naturalization Act allows. As a result, there is a backlog of applications waiting for a visa. For information on the current backlog for any kind of visa, check the Visa Bulletin issued by the Department of State every month. A current copy of the Visa Bulletin can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html