Family ties are one of the strongest paths to living lawfully in the United States. But immigration law doesn’t treat every family relationship the same way. Some relatives are given first priority, while others face long waiting periods before they can join loved ones here. If you’re thinking about helping a family member come to the U.S., it’s important to understand how the family preference system works.
Immediate Relatives vs. Family Preference Categories
Not every family member has to wait in line for a visa. Some are considered “immediate relatives,” meaning there’s no annual limit on how many visas can be issued for them. Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens who are at least 21 years old
If your relative falls into one of these categories, the process can move much faster. However, most other family members must go through the family preference system. In these cases, only a certain number of visas are available each year. This system leads to longer wait times, and in some cases, it can take several years for a visa to become available.
Family Preference Categories Explained
Family preference visas are divided into specific groups, each with its own priority level:
- First Preference (F1): Unmarried sons and daughters (21 and older) of U.S. citizens
- Second Preference (F2A): Spouses and unmarried children (under 21) of lawful permanent residents (green card holders)
- Second Preference (F2B): Unmarried sons and daughters (21 and older) of lawful permanent residents
- Third Preference (F3): Married sons and daughters of U.S. citizens
- Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the citizen is at least 21 years old)
The higher the preference, the faster the process generally moves. For example, an unmarried child of a U.S. citizen (F1) will usually receive a visa more quickly than a sibling of a U.S. citizen (F4).
Each year, the U.S. Department of State publishes a Visa Bulletin that shows which priority dates are currently being processed. Priority dates are based on when the petition was filed. Once a family member’s priority date becomes current, they can move forward with their visa application.
Are There Any Exceptions or Restrictions?
While the family preference system provides a clear structure, there are still some restrictions to keep in mind. Certain countries — like Mexico, the Philippines, India, and China — have high demand for family visas. As a result, applicants from these countries often face longer waits than applicants from other parts of the world.
It’s also important to know that U.S. citizens and lawful permanent residents cannot sponsor every type of family member. Only specific relationships are eligible under immigration law. You can’t sponsor cousins, aunts, uncles, grandparents, or friends through the family preference system.
Sponsoring a family member also requires proof that you can financially support them if needed. You’ll need to submit an affidavit of support showing that your income meets minimum guidelines. Finally, the family member must also be “admissible” to the U.S., meaning they meet health, security, and legal requirements. If they have certain criminal records or immigration violations, it could impact their eligibility.
How We Can Help You and Your Family
Family immigration can be complicated, but you don’t have to work through it by yourself. At Central Justice, we have experience helping families like yours. We assist with filing petitions, gathering supporting documents, tracking visa progress, and preparing for interviews. We’re committed to helping you understand your options and move forward with confidence.
If you’re ready to bring a loved one to the United States or if you have questions about your situation, reach out to us today. We’re here to support you every step of the way.