How to Make Sense of the Various Family Based Immigrant Categories

This guide provides a brief outline of the family based preference categories and is useful in determining in what category a family member would qualify and what that means. This discussion is aimed at explaining the family categories and does not discuss green card eligibility requirements.

What is a Preference Category?

When preparing a family based immigrant (green card) petition for a family member there are various categories in which the family member may fall. The importance in understanding the preference categories arises out of the fact that depending on the category in which a family member is classified, if they qualify at all, the processing times may vary greatly. The processing times vary greatly as there limited visa numbers available to each classification. Accordingly, the specific visa categories get back logged and thus processing times are affected. Please see Step 7 discussing what a priority date is and where to find the current family based priority dates. Before turning to the various preference categories it is important to note that there is an "Immediate Relative" category which is not subject to any numerical limit.

Immediate Relatives

Before turning to the various preference categories it is important to note that there is an "Immediate Relative" category which is not subject to any numerical limit. To qualify for this category one must be the child, spouse or parent of the U.S. Citizen who is filing the petition on your behalf. Per the regulations, a child must be under the age of 21 and unmarried at the time the petition is filed. Further, in order to apply for a parent, the petitioning U.S. citizen must be the son or daughter of the beneficiary, and must be at least 21 years of age.

First Preference Category

This preference is made for the unmarried sons and daughters of U.S. citizens

Second Preference Category

This category is broken down into two parts. Part 2A is for the unmarried children and spouses of a legal permanent residents. Part 2B is for the unmarried sons and daughters of legal permanent residents.