Last Updated on September 25, 2024 by Linda Lee
Navigating the U.S. immigration system can be complex, especially when understanding family preference categories. These categories are essential for non-immediate relatives of U.S. citizens and lawful permanent residents (LPRs) who wish to immigrate to the United States. Our experienced immigration attorneys are here to guide you through the intricacies of these categories and help you understand your options.
What Are Family Preference Categories?
Family preference categories pertain to family-based immigrant visas available to non-immediate relatives of U.S. citizens and LPRs. Unlike immediate relatives, these categories are subject to annual numerical limits, meaning only a certain number of visas are available each year. The categories are ranked based on the relative’s relationship to the U.S. citizen or LPR sponsor.
Family Preference Categories
The family preference system is divided into four main categories:
F1: First Preference
- Who Qualifies: Unmarried sons and daughters (21 years or older) of U.S. citizens.
- Visa Cap: Limited to 23,400 visas annually.
F2: Second Preference
- Who Qualifies: Spouses, minor children (under 21 years), and unmarried sons and daughters (21 years or older) of LPRs.
- Visa Cap: 114,200 visas annually, with a sub-cap for each group.
- F2A: Spouses and minor children (under 21 years) of LPRs. (77% of F2 visas, minimum of 87,934 visas)
- F2B: Unmarried sons and daughters (21 years or older) of LPRs. (23% of F2 visas)
F3: Third Preference
- Who Qualifies: Married sons and daughters of U.S. citizens (no age limit, but typically over 21 years).
- Visa Cap: Limited to 23,400 visas annually.
F4: Fourth Preference
- Who Qualifies: Brothers and sisters of U.S. citizens, where the U.S. citizen is 21 years or older.
- Visa Cap: Limited to 65,000 visas annually.
Understanding Priority Dates and the Visa Bulletin
Due to the annual caps, not all applicants will receive a visa immediately. Each applicant receives a priority date, which is the date the petition was filed. The U.S. Department of State issues a monthly Visa Bulletin that provides the cutoff dates for each category. Applicants can compare their priority date to the dates listed in the bulletin to determine when they may apply for an immigrant visa.
How We Can Help
Our immigration attorneys specialize in family-based immigration and can assist you with:
- Petition Filing: Helping you correctly complete and file the necessary forms, such as Form I-130, Petition for Alien Relative.
- Documentation: Ensuring you provide all required documentation to support your petition.
- Navigating Delays: Understanding and managing potential delays in the visa issuance process.
- Legal Representation: Providing legal representation throughout the immigration process, including adjusting status proceedings.
Common Challenges and How We Address Them
Navigating the family preference categories can come with several challenges, such as long wait times and complex paperwork. Our firm is dedicated to easing these burdens by:
- Detailed Case Analysis: Conducting a thorough analysis of your case to identify the best strategy.
- Regular Updates: Keeping you informed about the status of your application and any changes in immigration law that may affect you.
- Expert Advice: Offering expert advice on maintaining or obtaining LPR status, including advice on travel and employment while your petition is pending.
Contact Us
Contact our office today if you need assistance with a family preference category petition, marriage green card, K-1 visa, or have questions about the process. Our knowledgeable and compassionate attorneys are ready to help you navigate the complexities of family-based immigration and work towards reuniting you with your loved ones. Give us a call at (213) 375-4084 or fill out the contact form here.
