What are Family Preference Immigrants?

Family Preference Immigrants are a category of immigrants to the United States who are granted visas based on specific family relationships with U.S. citizens or lawful permanent residents (green card holders). It is important to note that this system is different from the Immediate Relative category, which includes spouses, unmarried children under 21, and parents of U.S. citizens. Immediate Relatives are not subject to numerical limitations and generally have shorter processing times.

Key Takeaways

• Family Preference Immigrants refer to a category of immigrants to the United States who are granted visas based on specific family relationships with U.S. citizens or lawful permanent residents (green card holders). 
• There are four main preference categories: F1, F2, F3 and F4.
• The processing times for family preference immigrants are generally longer than for Immediate Relatives.

Understanding Family Preference Immigrants

If you are a spouse, minor child or parent of a U.S. citizen, you will be able to apply for a green card through the Immediate Relatives immigration program. Other family members, however, must apply for a green card through the Family Preference program. Here is a detailed breakdown of the Family Preference categories:

• First Preference (F1): Applies to unmarried sons and daughters (21 years or older) of U.S. citizens. There is an annual limit of 23,400 visas.
• Second Preference (F2): F2 is divided into two main categories - F2A and F2B. F2A applies to spouses and unmarried children (under 21 years) of lawful permanent residents. F2B is for unmarried sons and daughters (21 years or older) of lawful permanent residents. 114,200 visas is the combined annual limit for F2, while at least 77% of these must be allocated to F2A.
• Third Preference (F3): This category is for married sons and daughters of U.S. citizens, regardless of their age. There is a limit of 23,400 visas per year.
• Fourth Preference (F4): F4 is for brothers and sisters (21 years or older) of adult citizens. The annual limit is 65,000 visas.

Due to high demand and limited visa numbers, there's often a waiting period. Each application is assigned a "priority date" based on when the petition was filed. Applicants must wait until their priority date becomes "current" - meaning it's listed in the Visa Bulletin or an earlier date is shown - before they can proceed with their visa application. Some countries, known as "oversubscribed" countries (like Mexico, Philippines, India, and China), typically have longer wait times due to higher demand from these nations. It should also be noted that during the waiting period, applicants must maintain their eligibility. For instance, an unmarried child in the F2B category must remain unmarried to keep their eligibility.

Bottom Line

Family Preference Immigration is a complex but vital part of the U.S. immigration system. Understanding preference categories and how the process works is critical. Whether you're a U.S. citizen or permanent resident hoping to sponsor a family member, or a potential immigrant seeking to join your family in the United States, Attorney At Law can provide the support and clarity you need to navigate this challenging but rewarding journey. Schedule a consultation with an experienced immigration lawyer today.