Categories for Family-Based Immigration

Family-based immigration is a key pathway to obtaining lawful permanent residency (a green card) in the U.S. If you have a relative who is a U.S. citizen or a lawful permanent resident, you may be eligible for this type of visa. Here’s an overview of the categories and steps involved:

• Immediate Relatives of U.S. Citizens (IR):
  • Spouses of U.S. citizens.
  • Widows/Widowers of U.S. citizens.
  • Unmarried children under the age of 21 of U.S. citizens.
  • Parents of U.S. citizens (if the U.S. citizen is at least 21 years old).
• Returning Residents (SB): Immigrants who were previously lawful permanent residents and are returning to the U.S. after being abroad for more than one year.
• Preference Categories for Limited Family-Based Immigration:
  • First Preference: Unmarried children over the age of 21 of U.S. citizens.
  • Second Preference:
    • Spouses of lawful permanent residents.
    • Unmarried children under the age of 21 of lawful permanent residents.
  • Third Preference: Married children of U.S. citizens.
  • Fourth Preference: Siblings of adult U.S. citizens.

Steps to Obtain Permanent Residency Through a Relative

1. Petition Filing:
   • Form I-130: Your U.S. citizen or permanent resident relative must file Form I-130, Petition for Alien Relative, on your behalf. This form should be accompanied by proof of your relationship to your relative.
2. Approval and Visa Availability:
   • Once the Form I-130 is approved, the Department of State will determine if an immigrant visa number is available for you. Immediate relatives do not have to wait for a visa number, but those in preference categories must wait until one becomes available.
3. Application for Permanent Residency:
   • Adjustment of Status: If you are already in the U.S., you may apply for adjustment of status to become a permanent resident using Form I-485.
   • Consular Processing: If you are outside the U.S., you will need to go through consular processing at a U.S. embassy or consulate in your home country.

Required Documents