The U.S. immigration system has a certain number of immigrant visas available for foreign immigrants each fiscal year starting on October 1. The system is generally set up to favor family members, immigrants who are already in the country, and persons with extraordinary or uncommon abilities.
The U.S. government allots at least 226,000 family-based immigrant visas each year. Immediate relative and family preference are the two subcategories of family-based immigrant visas. Then, based on the relationship, the family preference group for non-immediate relatives is separated into four levels.
Immediate Family Members
Those who have immediate family members legally living in the United States can also receive a green card through the Immediate Relative Application by filing forms I-485 and I-130. The term immediate relatives refer to a spouse, children over the age of 21, or parents. The person representing an application must be a United States citizen. Additionally, there are green cards for widowers of immediate family members.
In addition to filing the necessary forms, the applicant must also submit a copy of form I-797, form I-94, and an approval. Moreover, the application also needs specific identifying documentation attached to their application, as well. This will include two official (passport-style) photos, a copy of a government issued ID with a photograph, a birth certificate, a passport page with a nonimmigrant visa, a passport page with an admission or parole stamp, and an arrival/departure record.
Individuals must independently meet the requirements for a Green Card and submit their own application if they are the spouse or child of an immediate relative who is a U.S. citizen. As the derivative beneficiary under the immediate relative’s application, they are ineligible to receive a Green Card.
Non-Immediate Family Members
Some non-immediate relatives of a citizen or permanent resident may need to wait when applying for permanent status until a visa becomes available. Since Congress has capped the number of relatives who may immigrate under these categories each year, there is frequently a waiting time until an immigrant visa becomes available.
Those waiting for non-immediate family visas are put in a line based on their preference levels. There are four preference categories, and they are based on the relationship the citizen and immigrant share. Those with a closer relationship status, such as an adult son or daughter, will be given a higher preference when applying for a green card.
First Preference Category
In order to become a lawful permanent resident, certain foreigners who are relatives of United States citizens must submit an application for a Family First Preference (F1) Visa for Unmarried Sons and Daughters or a green card.
The F1 Visa is a sort of green card given to U.S. citizens’ relatives, particularly their sons and daughters who are not married. Be aware that specific requirements must be met and that it might be necessary to apply for a different kind of green card depending on the family member.
Those seeking an F1 visa must meet the mandatory requirements. Those requirements cannot be adjusted and include that the daughter or son must be unmarried and they must be children the U.S. citizen, not a permanent resident, the daughter or son must be 21 years or older, and they must have met the definition of “child” when they were under the age of 21.
Second Preference Category
Most non-immediate family visas fall under the second preference category. Nearly half of the visas granted each year for non-immediate family members are the second preference of the F2 visa category.
Spouses and kids of legal permanent residents are eligible for the F2A Visa, also known as the second priority of the Family Immigration Visas. Children in this situation must be under 21 years old and unmarried.
There is an F2B visa, as well. Those seeking an F2B preference visa must be an unmarried son or daughter of a lawful permanent resident.
Third Preference Category
The “Preference Relative” category of US family visas includes the family-based “F3” visa. Children of US citizens living abroad are eligible for the F-3 visa. Only the married children of US citizens are eligible for this visa; it does not apply to children who are not married. Additionally, the spouse and unmarried minor children who are younger than 21 years old are also eligible for the F-3 visa.
The spouse, children, and married child of a U.S. citizen are all eligible for this visa. The child of a U.S. citizen may come to the country with their entire family. It is, therefore, a well-liked Preference Relative visa. An F3 visa holder may freely reside, work, and study in the United States.
Fourth Preference Category
The last category of preference visas is the fourth category, known as the F4 visa.
Immediate Relative and Family Preference are subcategories of Family Immigration. In terms of siblings, the F4 belongs to the second group. Only the siblings of US residents are eligible for the F4 visa. Keep in mind that in order to be a part of your application, your sponsor must be at least 21 years old.
The sponsor cannot be a US citizen, permanent resident, or holder of a green card. This method is limited to US citizens only.
The Effect of Preference Levels on Green Card Applications
The family preference categories might still affect a person’s chances of being accepted, even though U.S. family petitions are processed in chronological order based on the date of filing. Each of the family preference groups is limited in the number of candidates they can accept. In order to make more room, remaining numbers from some of the higher preference categories may be moved to the lower preference categories.
Also, a visa can fall into a different preference category after filing if the status of the U.S. citizen or immigrant changes. If a family member becomes married or divorced, or if they fall outside of the age range after filing, then the applicant may fall into a subsequent category. This would affect the wait time and priority level.
It is particularly crucial to comprehend these categories, and how they can affect your abilities and the length of time it takes to obtain a visa and a green card in years with a high number of applicants because there are only 226,000 preference visas given out annually, regardless of the number of applicants.
