Immediate relatives include:

• The spouses of U.S. citizens,

• The children (unmarried and under 21 years of age) of U.S. citizens,

• The parents of U.S. citizens at least 21 years old, and

• Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before his or her death or if the widow(er) files a petition within 2 years of the citizen’s death.

Children of US Citizens means Unmarried and Under 21 years of age.   A married child, irrespective of the age, is considered “son or daughter.”  Similarly, a child over the age of 21 is considered a “son or daughter.”  Sons and daughters are NOT considered Immediate Relatives and fall in the Family-Sponsored Preference Categories (see below).

Different rules and regulations apply to Spouses of US Citizens, depending on how the immigrant spouse entered the USA.  In addition, different rules and regulations apply to Fiancés of US Citizens.

As a widow(er), spouses of a U.S. Citizen who has passed away, you may be entitled to apply.

Only US Citizens over the age of 21 years old can petition their parents.  The rules and regulations differ depending where the parents currently resides, whether that parent ever resided in the USA and how the parent entered the USA.

What are Family-Sponsored Preference Categories

Other relatives of a U.S. citizen or relatives of a lawful permanent resident fall under the family-based preference categories

• Family member of a U.S. citizen, meaning you are the:

  • Unmarried son or daughter of a U.S. citizen and you are 21 years old or older

  • Married son or daughter of a U.S. citizen

  • Brother or sister of a U.S. citizen who is at least 21 years old

• Family member of a lawful permanent resident, meaning you are the:

  • Spouse of a lawful permanent resident

  • Unmarried child under the age of 21 of a lawful permanent resident

  • Unmarried son or daughter of a lawful permanent resident 21 years old or older

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• Family member of a lawful permanent resident, meaning you are the:

  • Spouse of a lawful permanent resident

  • Unmarried child under the age of 21 of a lawful permanent resident

  • Unmarried son or daughter of a lawful permanent resident 21 years old or older

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Visa allocations for the Preference Categories vary, which create backlogs in visa availability.  In addition, CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, PHILIPPINES, and VIETNAM have their own visa allocation.

To confirm the processing time for each category and corresponding country of chargeability, visit Department of State Visa Bulletin.

Section 203(a) of the INA prescribes 23,400 visas per year in this category plus any numbers not required for fourth preference

Section 203(a) of the INA prescribes 114,200 visas per year, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A): 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B):  23% of the overall second preference limitation.

Section 203(a) of the INA prescribes 114,200 visas per year, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A): 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B):  23% of the overall second preference limitation.

Section 203(a) of the INA prescribes 23,400 per year, plus any numbers not required by first and second preferences.

Section 203(a) of the INA prescribes 65,000 per year, plus any numbers not required by first three preferences.