Congress, by conferring permanent residence eligibility upon family-based groups, has emphasized the importance of family unification in American immigration law.
Immediate Relatives
No annual numerical limit.
INA §201(b) defines immediate relatives as spouses, children under 21, and parents of U.S. citizens (where the citizen is at least 21 years old). There is no annual cap on immediate relative visas.
The immediate relative category does not normally confer derivative status — a separate petition must be filed for each immediate relative. The only exception is for children of a widow or widower of a U.S. citizen.
01
Spouses
A valid and subsisting marriage between the parties is required for immigration benefits.
02
Children
The legal definition of 'child' is more nuanced than it first appears for family-based immigration.
03
Parents
U.S. citizen petitioners must be at least 21 years old to petition a parent under the immediate relative category.
Preference Categories
Family-based preferences and waiting lists.
F1 — First preference: Unmarried sons and daughters of U.S. citizens.
F2 — Second preference: Spouses, minor children, and unmarried sons and daughters of permanent residents — divided into separate waiting lists.
F3 — Third preference: Married sons and daughters of U.S. citizens.
F4 — Fourth preference: Brothers and sisters of U.S. citizens (petitioner must be 21 or older).
These categories are subject to annual visa limits. India, Mexico and the Philippines face country-specific waiting lists. Country of birth — not citizenship — controls.