FAMILY-BASED PERMANENT RESIDENCY CATEGORIES

The following family-based preferences have been designated by Congress as groups eligible for permanent residence:

Immediate Relatives of U.S. Citizens

Immediate relatives of U.S. citizens are not subject to an annual numerical visa cap. They are defined as: (1) spouses of U.S. citizens; (2) children of U.S. citizens (unmarried and under 21); (3) parents of U.S. citizens, but only if the citizen is 21 years old or older. There is never a waiting list for visas in this highly preferred family category. All other family-based visa categories can experience varying backlogs of up to 10 years or more.

Unmarried Sons and Daughters of U.S. Citizens

The first preference is for unmarried sons and daughters (over 21) of U.S. citizens. This category is allotted 23,400 annual visas.

Spouses, Children, and Unmarried Sons and Daughters of Permanent Resident Aliens

The second preference is split into two groups; the first group (2A) is for spouses and children (under 21) of permanent residence, while the second group (2B) is for unmarried adult (over 21) sons and daughters of residence. The entire category is allotted 114,200 annaul visas with 77% going to the 2A group and 23% to the 2B group.

Married Sons and Daughters of U.S. Citizens

This third preference classification is allotted 23,400 annual visas as well. Spouses and children of the married sons and daughters are also eligible in this category.

Brothers and Sisters of U.S. Citizens

Brothers and sisters of U.S. citizens are allotted 65,000 annual visas. The citizen must be 21 years of age or older to sponsor a brother or sister in this category.

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