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The Immigration and
Nationality Act allows for the
immigration of foreigners to the United
States based on relationship to a U.S.
citizen or legal permanent resident.
Family-based immigration falls under two
basic categories: unlimited and limited.
UNLIMITED FAMILY-BASED
Immediate Relatives of U.S. Citizens (IR):
The spouse, widow(er) and unmarried
children under 21 of a U.S. citizen, and
the parent of a U.S. citizen who is 21 or
older.
Returning Residents (SB):
Immigrants who lived in the United States
previously as lawful permanent residents
and are returning to live in the U.S.
after a temporary visit of more than one
year abroad.
LIMITED FAMILY-BASED
Family First Preference (F1):
Unmarried sons and daughters of U.S.
citizens, and their children, if any.
(Number of Visas allocated each year -
23,400)
Family Second Preference (F2):
Spouses, minor children, and unmarried
sons and daughters (over age 20) of
lawful permanent residents. (Number of
Visas allocated each year - 114,200) At
least seventy-seven percent of all visas
available for this category will go to
the spouses and children; the remainder
will be allocated to unmarried sons and
daughters.
Family Third Preference (F3):
Married sons and daughters of U.S.
citizens, and their spouses and children.
(Number of Visas allocated each year -
23,400)
Family Fourth Preference (F4):
Brothers and sisters of United States
citizens, and their spouses and children,
provided the U.S. citizens are at least
21 years of age. (Number of Visas
allocated each year - 65,000)
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If you want to become
a lawful permanent resident based on
the fact that you have a relative who
is a citizen of the United States or
a relative who is a lawful permanent
resident, you must go through a
multi-step process.
ˇ First,
the USCIS must approve an immigrant
visa petition,
I-130 Petition for Alien Relative
for you. This petition is filed
by your relative (sponsor) and must
be accompanied by proof of your
relationship to the requesting
relative.
ˇ Second,
the Department of State must
determine if an immigrant visa number
is immediately available to you, the
foreign national, even if you are
already in the United States. When an
immigrant visa number becomes
immediately available to you, it
means that you can apply to have one
of the immigrant visa numbers
assigned to you. You can check the
status of a visa number in the
Department of State's
Visa Bulletin.
ˇ Third,
if you are already in the United
States, you may apply to change your
status to that of a lawful permanent
resident after a visa number becomes
available for you. This is one way
you can apply to secure an immigrant
visa number. Click here for
application procedures for becoming a
lawful permanent resident while in
the United States. If you are
outside the United States when an
immigrant visa number becomes
available for you, you must then go
to the U.S.
consulate servicing the area in
which you reside to complete your
processing. This is the other way in
which you can apply to secure an
immigrant visa number.
ˇ Note:
Information concerning the
new K (advance admission for the
spouse and children of a U.S.
citizen) and
new V (advance admission for the
spouse and the minor children of a
lawful permanent resident)
nonimmigrant categories is available
but not yet incorporated here.
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