How the U.S. Prioritizes Family-Based Immigration Visas
Of all the different methods for foreign nationals to enter the United States, family-based immigration is the most common. In recent years, approximately two-thirds of individuals who have received green cards every year entered the country using family-based immigration visas. Not all family-based immigration visas are the same, however. These visas are priority-based depending on the relationship between American citizens and the foreign national they are sponsoring. Our family immigration attorney in New York can guide you through the process.
Immediate Relatives Category
Immediate relatives of American citizens have priority over all other applicants. These visas also do not have a cap or limit placed on them. This means that as soon as someone’s petition is approved, they can obtain their visa. Individuals in the immediate relatives category are as follows:
- Spouses of American citizens
- Unmarried children under the age of 21 of American citizens
- Parents of American citizens, if the citizen is at least 21 years old
Family Preference Category
Foreign nationals who do not fall into the ‘immediate relatives’ category but want to enter the United States to be with family fall in the ‘family preference’ category. These individuals are also prioritized into the following subcategories:
- First preference: Unmarried children of American citizens who are at least 21 years of age fall into this category.
- Second preference: This category includes spouses and unmarried children of lawful permanent residents in the U.S. Spouses and unmarried children younger than 21 years old receive the most visas, followed by unmarried children who are at least 21 years old.
- Third preference: Married children of American citizens fall into this category.
- Fourth preference: Siblings of American citizens who are at least 21 years old fall into the fourth preference category.
Other Factors Impacting Priority
Even when a foreign national falls into a preference category, other factors can still impact priority. The first of these is the priority date. The date the petition is filed correctly is the priority date, which determines the applicant’s place in line. Applicants can proceed with their application when the priority date becomes ‘current’ on the monthly Visa Bulletin published by the U.S. Department of State.
Federal law in the United States also places a specific limit on the number of visas issued to citizens of particular countries. This means that applicants from countries with a high number of immigrants may experience longer wait times than those from other countries.
Call Our Immigration Lawyer in New York Today
There are many options for individuals seeking to enter the U.S. to be with family members, but the country’s immigration system is highly complex. At Nunez Law, we can guide you through it, provide the legal advice you need to ensure your application is filed correctly, and help you obtain the best outcome in your case. Call 917-708-1072 or contact us online to schedule a consultation.