Immigration Topics Explained:

Family Preference Categories

Qualifying Relationships | Inadmissibility | Eligibility | Green Card Application | Get Help

There are two major groups of family-based immigrants: immediate relative categories and family preference categories. When a U.S. citizen or permanent resident petitions a foreign family member, the immigrant falls into one of these two categories. The categories define the type of relationship that the immigrant has with the U.S. sponsor, and to a large extent, the priority that the immigrant will receive in obtaining a green card.

Family Preference Categories Available

What are the qualifying relationships?

Immediate relatives make up a small, privileged group under U.S. immigration law. Everyone else who qualifies through family ties belongs to the family preference categories. These categories apply to other relatives of U.S. citizens and some family members of green card holders, including:

Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens
Spouses and unmarried children (under age 21) of permanent residents
Unmarried adult sons and daughters of permanent residents
Married sons and daughters (any age) of U.S. citizens
Brothers and sisters of adult U.S. citizens

If you do not fit one of these categories, you may fit into the immediate relative categories. Immediate relative immigrant visas are available for the spouse, unmarried children, and parents of U.S. citizens. Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins and in-laws cannot be directly petitioned.

Grounds of Inadmissibility

Can a green card be denied?

To be admitted into the United States as a lawful permanent resident (green card holder), a foreign national must meet several requirements in the family-based immigration system. In addition to having an eligible relationship with a U.S. citizen or permanent resident (as described above), the applicant must not be inadmissible under Section 212 of the Immigration and Nationality Act (INA). INA 212 lists several grounds of inadmissibility that can prevent foreign nationals from gaining permission to enter or remain in the U.S. There are numerous grounds of inadmissibility. Some of the most commonly applied grounds of inadmissibility include:

Current or past employment in the United States without authorization;
Unlawful presence in the United States for certain periods of time; or
Violating the terms of a current or past nonimmigrant status.

Waivers are available for certain violations but not types of violations. That's why individuals who believe they may have a problem with any of the grounds of inadmissibility should speak to an immigration attorney before applying for an immigrant visa (green card).

Eligibility

What are the requirements for a green card?

The family-based immigration process generally begins with the U.S. citizen or permanent resident sponsor filing Form I-130, Petition for Alien Relative. The I-130 petition establishes a qualifying relationship and is a request for a visa number.

To immigrate through the family preference categories, there are several requirements:

The qualifying relationship (e.g. spouse, son/daughter, etc.) must be documented with evidence. When filing Form I-130, you'll typically send birth records (i.e. official birth certificate) to establish biological relationships or a marriage certificate to establish a marital relationship. Spouses must also provide proof that the marriage is bona fide (not entered into primarily for purposes of getting a green card). Learn more about bona fide marriages.

The U.S. citizen or permanent resident is responsible for filing the I-130 petition to start the process, but the foreign national relative is responsible for actually applying for the green card. The family preference visa applicant may be able to apply in one of two ways:

Consular processing is the process of obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate. If the family member is physically outside the United States, this is the only available option. Learn more about consular processing >>
Adjustment of status is the process that a non-immigrant visitor (e.g. student, tourist, etc.) uses to change status to a permanent resident from inside the United States. In other words, if the immediate relative is already in the U.S. with a temporary visa, he or she may "adjust status" to permanent resident. Learn more about adjustment of status >>

There are additional requirements for adjustment of status applicants. For example, the immediate relative must have lawful entry into the United States.

The U.S. petitioner must prepare Form I-864, Affidavit of Support on behalf of the intending immigrant. USCIS generally requires the Affidavit of Support from family-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

If the immigrant family member is not able to support himself or herself financially, the sponsor promises to provide financial support. To do this, the sponsor must generally have an income that is at least 125 percent of the Federal poverty level. If the sponsor's income does not meet the requirement, additional sponsors or a joint sponsor may participate as well. Learn more about financial sponsor for family-based green cards.

Even with a qualifying family preference relationship, the intending immigrant must demonstrate that he or she is not inadmissible to the United States. In other words, they’ll need to demonstrate that they don’t pose a danger to U.S. society on health, security, immigration violation, or criminal grounds. There are several grounds of inadmissibility, including:

Health
A USCIS designated physician must perform a medical examination for the immediate relative. The examination is required to establish that an applicant is not a public health risk such as a carrier of a disease that presents a public health risk, or having a dangerous physical or mental disorder.
Immigration Violations
With few exceptions, the applicant must have a lawful entry to the United States. Immigration officers will review the intending immigrant's immigration history. For certain categories, they will likely deny the application if the intending immigrant has overstayed a visa by six months or more. The government will also seek to determine if a visa (if applicable) has ever been misused.
Criminal Record
The intending immigrant will certainly run into problems if he or she committed certain crimes, like aggravated felonies, drug crimes, or acts of terrorism.

In fact, there are additional grounds of inadmissibility. If there's a reason that any of the above requirements could be an issue, we recommend that you contact an experienced immigration attorney before filing any USCIS form. In some cases and in certain situations, a waiver may be available.

Note: U.S. citizens may also sponsor a foreign fiancé to come to the United States for the purpose of marriage. The U.S. citizen starts this process by filing Form I-129F, Petition for Alien Fiancé. The foreign fiancé eventually enters the U.S. with a non-immigrant K-1 visa.

The I-130 petition is just the beginning of the process. The intending immigrant must apply for a green card via consular processing or adjustment of status.

Green Card Application Process

How does the preference category apply for a green card?

Once USCIS approves the I-130 petition and a visa number becomes available, the foreign family member can move forward with the green card application. There are two main paths: consular processing and adjustment of status.

Consular processing takes place at a U.S. embassy or consulate abroad and is the most common way to obtain a green card.

Adjustment of status is available only to certain immigrants already living in the United States on a valid visa, such as an F-1 student, B-2 visitor, or H-1B worker. This process allows them to become permanent residents without leaving the country. In some cases, eligible applicants can file Form I-130 and Form I-485 together to save time and simplify the process.

Consular Processing

Consular processing is a path for obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate.

LEARN MORE

Adjustment of Status

Adjustment of status is a path of changing status from a nonimmigrant visitor to permanent resident from inside the U.S.

LEARN MORE

Using the Visa Bulletin

When will I know when the petition is current?

There is a limited number of family preference immigrant visas (green cards) available each year. Typically, this means most people have to wait for an immigrant visa. The process is first-in, first-out. For example, the first Form I-130 filed will be the petition to provide an immigrant visa number. Therefore, the petitioner should file Form I-130 as soon as possible.

The U.S. Department of State will use the I-130 petition filing date as the applicant's priority date. The State Department uses a visa bulletin to communicate when an intending immigrant's priority date is reached. To determine your wait, you’ll need to monitor and learn how to use the visa bulletin →

Form I-130, Petition for Alien Relative

Use Form I-130 (Petition for Alien Relative) to start the immigration process for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right.

each year an average of

I-130 petitions are filed*

out of these

get rejected*

and another

get denied*

* Data based on USCIS Forms Data and Lockbox Rejection Data.

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How do I prepare Form I-130?

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