There are two family immigration categories for relatives of a U.S. citizen. An Immediate Relative is the spouse, unmarried child under 21, or parent of a U.S. citizen. All other qualifying family members immigrate under the Family Preference categories. The primary difference is that Immediate Relatives have an unlimited number of visas available, resulting in faster processing times. Family Preference categories are subject to annual caps, which often lead to multi-year waiting periods.
The Immigration and Nationality Act limit the number of family-sponsored preference visas to a minimum of 226,000 annually. This total is then distributed among the four specific preference categories based on statutory percentages.
The annual visa limits for each family preference category are:
- Family First Preference (F1): 23,400 unmarried sons and daughters (21 and older) of U.S. citizens, plus any visas not used by the F4 category. November 2015 Final Action dates for India Priority Date: 08NOV16.
- Family Second Preference (F2): 114,200 visas per year for spouses, minor children, and unmarried adult children of lawful permanent residents (LPRs). This category is further divided:
- F2A: 77% of the total (around 87,934 visas) goes to spouses and minor children of LPRs. November 2015 Final Action dates for India Priority Date: 01FEB24.
- F2B: 23% of the total (around 26,266 visas) goes to unmarried adult children of LPRs. November 2015 Final Action dates for India Priority Date: 01DEC16.
- Family Third Preference (F3): 23,400 visas -married sons and daughters of U.S. citizens, plus any visas not used by the F1 and F2 categories. November 2015 Final Action dates for India Priority Date: 08SEP11.
- Family Fourth Preference (F4): 65,000 visas per year for siblings of adult U.S. citizens, plus any visas not used by the first three preference categories. November 2015 Final Action dates for India Priority Date: 01NOV06.
Important considerations
Some important factors to remember are:
- Visa spillover: Visa numbers can vary yearly due to spillovers from unused higher-category visas. This means the total visa numbers can fluctuate slightly from year to year.
- Country caps: limit each nation to 7% of total visas, causing backlogs and long waits—especially for applicants from Mexico, China, India, and the Philippines.
- Backlogs: Due to high demand and these annual caps, most family preference categories face significant backlogs, with waiting times that can span years or even decades.
| Feature | Immediate Relatives | Family Preference Categories |
| Sponsor | U.S. citizen only. | U.S. citizen or LPR. |
| Relationship | Spouses, unmarried children under 21, and parents. | More distant relatives, such as siblings, married children, and adult unmarried children. |
| Visa Availability | Unlimited visas; always available. | Limited annual visas, leading to long backlogs and wait times. |
| Wait Times | Shorter processing times, typically 1–2 years for a green card. | Significantly longer wait times, ranging from several years to decades. |
| Governing Factor | USCIS processing times for Form I-130 determine the overall timeline. | The priority date, tracked by the monthly Visa Bulletin, is the key factor determining when a visa number becomes available. |
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