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Family-Based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA). As the first step, a sponsoring relative must file a Petition for Alien Relative, Form I-130 with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

− IR-1: Spouse of a U.S. Citizen Note: A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration.

− IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

− IR-3: Orphan adopted abroad by a U.S. Citizen

− IR-4: Orphan to be adopted in the U.S. by a U.S. citizen − IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

− Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)

− Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

− Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)

− Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor 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.

Numerical Limitations for Limited Family-Based Preference Categories

Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date.

(Adapted from: https://travel.state.gov /content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html#1)