Everyone applying for a permanent residency green card (or “immigrant visa” if applying overseas) must have a sponsor. In the family immigration field, there are different categories, or “preferences” of family members. How fast a relative or family member may apply for and receive a permanent residency green card depends upon his or her relationship with the sponsoring family member. The closer the relationship, the higher the preference category and the faster the sponsored relative can obtain a green card. There are a limited number of immigrant visas available for each preference category each fiscal year (October 1-September 30). Once these immigrant visas are filled, all remaining visa petitions are put on hold until the next year or until an immigrant visa becomes available. Because there are always more family members who wish to immigrate than there are immigrant visas, a backlog exists for every category of immigrants (other than immediate relatives). This is why a prospective immigrant’s “priority date” is so important. A priority date is the date the sponsored relative’s I-130 Petition for Alien Relative was filed with the U.S. Citizenship and Immigration Service (USCIS). When a priority date is current, the relative being sponsored can apply for adjustment of status through the USCIS or for an immigrant visa through the U.S. Embassy or consulate nearest the relative’s place of residence. This topic is discussed in more detail below.

“Preferences” of Relatives

Only immediate relatives of U.S. citizens are exempt from the preference categories. As such, there is no limitation on the number of immigrant visas available for immediate relatives of U.S. citizens. However, any immediate relatives who immigrate to the United States are counted against the total number of family-based immigrants who are eligible to enter the United States each year. Therefore, the more immediate relatives who immigrate to the United States each year, the fewer other preferences of relatives may immigrate to the United States each year.

Immediate relatives include:

• Spouses of U.S. citizens.
• Parents of adult (i.e., over 21 years old) U.S. citizens (this includes stepparents, the mother of a child born out of wedlock or adoptive parents).
• Children of U.S. citizens.

There are six categories of “child”:

• Children born in wedlock;
• Stepchildren under 18 at the time the qualifying marriage took place;
• Children born out of wedlock if legitimated before the age of 18 and while in the custody of the U.S. citizen parent;
• Children born out of wedlock who have a bona fide relationship with the U.S. citizen parent;
• Certain adopted children; and
• Qualified orphans.

Note that in all cases a child must be unmarried and under 21 years old. The categories listed below which refer to a “son” or “daughter” do this to avoid the restrictions as to age and marital status that are placed on a “child”.

For all other relatives, the following preference categories apply:

• First Preference: Unmarried son or daughter of a U.S. citizen.
• Second Preference:
  (a) Spouse or child of a permanent resident; and
  (b) Unmarried son or daughter of a permanent resident.
• Third Preference: Married son or daughter of a U.S. citizen.
• Fourth Preference: Brother or sister of an adult (i.e., over 21 years old) U.S. citizen.

A spouse or child accompanying or following to join the principal beneficiary of a family-based petition is given the same preference classification as that beneficiary. As such, they do not have to be separately qualified or sponsored, and they enjoy the same priority date.

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