What Are the Family-Based Green Card Categories for U.S. Immigration?

For many looking to become a lawful permanent resident of the United States, having an immediate family member who is a U.S. citizen or current green card holder is a major advantage. U.S. immigration law provides special family-based channels and categories to obtain a green card through eligible relatives. However, the eligibility requirements and processes differ depending on the specific family relationship.

There are two main types of family-based immigrant visas/green cards: Immediate Relative and Family Preference categories. Immediate Relative visas cover close family relationships with U.S. citizens like spouses, unmarried children under 21, and parents – these have no annual caps.

Family Preference visas, on the other hand, are for extended relatives of citizens and some permanent resident relationships, such as unmarried adult children, married children, and their families. These preference categories are limited each year.

Understanding which category you or your relative fall into is the first step in the family immigration process.

Immediate Relative Visas

The immediate relative category is the most advantageous for obtaining a family-based green card.

This category includes:

• Spouses of U.S. citizens.
• Unmarried children (under 21) of U.S. citizens.
• Parents of U.S. citizens (the U.S. citizen petitioner must be at least 21 years old).

One of the main benefits of the immediate relative category is that unlimited visa numbers are available.

Less Wait Time

This rule means that once U.S. Citizenship and Immigration Services (USCIS) agents approve the I-130 petition, an immigrant visa is immediately available, and the noncitizen family member can apply for a green card without waiting for a visa number to become available.

Faster Processing

Another advantage is that the processing times for immediate relative categories are generally faster than for family preference categories.

However, the processing time may vary depending on the specific case and the current USCIS workload.

Family Preference Categories

The government divides family preference categories into four subcategories, each with limited immigrant visas available yearly.

The categories are:

• F1 – First Preference
• F2 – Second Preference
• F3 – Third Preference
• F4 – Fourth Preference

Due to the limited number of visas available in these categories, there is often a waiting period before the noncitizen family member can apply for a green card.

The length of the wait depends on the specific category and the country of origin, as some countries have a higher demand for immigrant visas.

First Preference (F1): Unmarried Sons and Daughters of U.S. Citizens

The F1 category is for unmarried adult children (21 years of age or older) of U.S. citizens.

Here are some key points about this category:

• The U.S. citizen parent must file Form I-130, Petition for Alien Relative, on behalf of their unmarried son or daughter.
• There is an annual limit on the number of visas available in this category, so there is often a waiting period before a visa number becomes available.

If you’re a U.S. citizen with an unmarried adult child, you must plan for F1 visa availability accordingly.

Second Preference (F2): Spouses, Minor Children, and Unmarried Adult Sons and Daughters of Permanent Residents

The F2 category is divided into two subcategories:

• F2A: Spouses and unmarried children (under 21) of lawful permanent residents (LPRs).
• F2B: Unmarried adult sons and daughters (21 years or older) of LPRs.

The F2A category is unique because it has a higher visa allocation and generally shorter waiting periods than other family preference categories.

However, the F2B category is subject to longer wait times due to the limited number of visas available.

To apply in the F2 category, the LPR must file Form I-130 on behalf of their spouse, minor child, or unmarried adult son or daughter.

Third Preference (F3): Married Sons and Daughters of U.S. Citizens

The F3 category is for married sons and daughters of U.S. citizens, regardless of their age.

Some important aspects of this category include:

• The U.S. citizen parent must file Form I-130 for their married son or daughter.
• The waiting period can be lengthy, often spanning several years, depending on the country of origin and the number of applicants in the category.

If you’re a U.S. citizen with a married son or daughter, clearly understanding the F3 category requirements and processing times sets realistic expectations for the potential green card holder. This category includes the spouse and unmarried children (as long as they meet the age requirements at the time the visa is issued) of the noncitizen.

Fourth Preference (F4): Brothers and Sisters of U.S. Citizens

The F4 category is for the siblings of U.S. citizens, provided the U.S. citizen is at least 21 years old.

• The U.S. citizen must file Form I-130 on behalf of their brother or sister.
• The F4 category has the longest waiting periods among all family preference categories due to the limited number of visas available and high demand.
• Wait times can extend to over a decade, depending on the country of origin and the number of applicants in the category.

This category also includes the spouse and unmarried children (as long as they meet the age requirements at the time the visa is issued) of the noncitizen.

Consular Processing vs. Adjustment of Status

As mentioned earlier, family members outside the United States must go through consular processing to obtain their green card.

This process involves:

1. The National Visa Center (NVC) processing the case and sending instructions to the applicant.
2. The applicant completing the DS-260 immigrant visa application.
3. Attending an interview at a U.S. embassy or consulate in their home country.

Interview and Application Process

During the meeting at the consular office, an officer will review your application and determine your eligibility for an immigrant visa.

If approved, the applicant will receive an immigrant visa and can travel to the United States. Upon entry, they will become a lawful permanent resident and receive their physical green card in the mail.

Immigrants Living in the United States

For family members already in the U.S., adjustment of status may be an option.

To be eligible for adjustment of status, the applicant must:

• Have entered the U.S. legally (or meet one of the exceptions).
• Have an approved I-130 petition.
• Have an immediately available visa number (for family preference categories).
• Meet other eligibility requirements.

Sometimes, you can file the I-130 petition and the I-485 applications concurrently, saving time in the overall process.

However, you should consult with an experienced immigration lawyer to determine the best course of action based on your specific situation.

Priority Dates in Family-Based Green Cards

Finally, you must understand the concept of priority dates when applying for family-based green cards.

A priority date is when USCIS receives your I-130 petition.

This benchmark determines your place in the waiting line for an available visa number, specifically in the family preference categories where visa numbers are limited.

• Priority dates are important because they establish the order in which the NVC allocates visa numbers to applicants.
• NVC visa bulletins show which priority dates the agency is currently processing for each category and country.
• When your priority date becomes “current,” meaning it matches or is earlier than the date listed in the visa bulletin, you can move forward with the next steps in the green card process.

It’s important to keep track of your priority date and monitor the visa bulletin regularly to understand how long you may need to wait for your green card.

Our experienced immigration attorney can help you interpret the visa bulletin and plan accordingly.

Get Trusted Legal Support for Family Immigration

At the Law Office of Lina Baroudi, we have worked with all types of family visa cases. Our family immigration attorneys can ensure you meet the requirements for your specific family preference situation.

We’ll carefully evaluate your case, identify the ideal path forward, properly prepare and submit all required forms and documentation, and get you fully ready for any interviews.

Our legal guidance prevents preventable delays and puts your family in the best position for approval on your green card petition. We handle the entire legal process so you can focus on your family.

Don’t risk your family’s future on avoidable mistakes – contact our team from the start.