What is Family-Based Immigration?

Under the Immigration and Nationality Act (INA), U.S. law limits the number of family-based immigrant visas the government issues to foreign nationals yearly. The U.S. Department of State (DOS) allocates these immigrant visas, and U.S. Citizenship and Immigration Services (USCIS) determines eligibility for immigrant visas.

This article will explain how family-based immigration works in the U.S. and how you may help a foreign family member obtain U.S. permanent residence (green card). A permanent resident status allows your foreign family member to live and work in the U.S. permanently. A person with an immigrant visa and a green card has been granted permanent resident status in the U.S.

Petitioners and Beneficiaries

Who is the petitioner, and who is the beneficiary?

Family-based immigration involves at least two family members, a petitioner and a beneficiary. The petitioner must be a citizen or lawful permanent resident of the U.S. who wants to sponsor a foreign relative for a green card. The beneficiary is a foreign relative who wants to obtain a green card and eventually reside in the U.S. In some instances, the beneficiary may have a spouse and children considered as derivative beneficiaries. 

Immediate Relative and Family Preference Categories

Which relatives can I petition?

There are two major categories of family-based immigrants:

First is the immediate relatives, which includes spouses, parents, and unmarried children (under age 21) of U.S. citizens. An unlimited number of immigrant visas are available each year for immediate relatives of U.S. citizens.

Second, family preference for all other qualified relationships with a U.S. citizen and some limited relationships with a lawful permanent resident. Family preference immigrant visas are limited because U.S. law puts a numerical cap on the number of green cards issued to family preference categories each year. Due to this limit, there is a long wait for the family preference categories.

The family preference categories include:

F1 family preference category for sons and daughters of U.S. citizens

• • Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens

F2A family preference categories for a spouse and children of LPR

• • A Spouse and unmarried children (under age 21) of permanent residents

F2B category for immigrant visa

• • Unmarried adult sons and daughters of permanent residents

F3 category for sons and daughters of U.S. citizens

• • Married sons and daughters (any age) of U.S. citizens

F4 category for brothers and sisters of U.S. citizens

• • Brothers and sisters of adult U.S. citizens