Immediate relatives of U.S. citizens (parents, spouses and children under 21 years) can get an immigrant visa and then green card in order to immigrate to the United States through the family-based preference system.

The parents, spouses and children under 21 years of age of U.S. citizens are known as immediate relatives. All other persons, if they can immigrate to the United States based on a family relationship with a U.S. citizen (USC) or a legal permanent resident (LPR) fall into preference categories. This family-based preference system works so that visas / green cards are issued faster to persons in the higher categories.

In order to obtain a green card through the family-based preference system, the US citizen or Legal Permanent Resident petitioner first files a Petition For Alien Relative I-130. The date that the I-130 petition is received by Immigration is known as the Priority Date. This is similar to taking a number at a deli; the priority date is the number and only after the foreigner gets to the counter can she apply for Legal Permanent Resident (LPR). The petitioning relative’s application provides NO legal status to the foreigner if that person is in the U.S.

When a Priority Date becomes current, the foreigner can then file an application for residency. If the foreigner is abroad, she applies for an immigrant visa and become an LPR when she enters the U.S. If the foreigner is already in the U.S. (perhaps on a student or temporary worker visa), she adjusts status to resident.

The first preference is for unmarried sons and daughters of US citizens. A son or daughter is 21 years or older. The second preference is for spouses and children of LPRs. Sons and daughters of legal permanent residents also fall in the second preference category. The third preference category is for married sons and daughters of US citizens. Finally, the fourth preference is for brothers or sisters of USCs.

The preference categories are further divided by nationalities. Philippines siblings of US citizens, for example, have an approximate wait time of 20 years before they can apply for residency. Other siblings have an approximate wait time of 12 years.