Permanent residents and US citizens may file a visa petition to seek permission for certain family members to apply for permanent resident status based on a hierarchical preference system which is explained in each monthly Visa Bulletin issued by the Department of State (DOS) with current priority dates. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html Except for immediate relatives of US citizens (spouses, children under age 21 and parents with US citizen children over age 21), there is a waiting list because the number of visas that can be issued for family members is limited. There is no limit on visa numbers for immediate relatives.
Every permanent resident must be allocated a visa number so the government can keep track of the number of visas used and available. The date the petition is filed with the immigration service is the priority date. There are significant backlogs for visa numbers for most family-based preference categories which means there is often a long wait before the relative is able to apply for permanent resident status. Each month the DOS issues the Visa Bulletin which shows the current priority dates for each preference category. The beneficiary of the visa petition may not apply for an immigrant visa or for adjustment of status to permanent resident until the priority date is at least one day past the relevant priority date. The filing of the visa petition does not give the beneficiary any right to come to, remain in or work in the United States during the wait for the priority date to become current.
US Citizens may apply for
Immediate Relatives :
Spouse or widow(er)
includes spouses of US citizens who have entered
into a
real and legal spousal relationship, which was not entered into for immigration
benefits.
Unmarried children (including some adopted and stepchildren) under the age of 21 of a US citizen. A parent is an immediate relative if the US citizen is 21 years of age or older. There are no annual numerical limits for immediate relatives. This category also covers:
Fiancé(e)s (technically not an immediate relative until marriage to the US citizen takes place, but must meet the same and a few additional requirements, so the application process is similar to an immigrant visa). The fiancée petition may only be filed for people outside the United States. The beneficiary must apply for the visa at a US consulate after the approval of the petition for a fiancée. The US citizen petitioner must prove that the engaged couple have met physically within the past two years, the intent and legal ability to marry within 90 days after the fiancée enters the US on the fiancée visa and that the relationship is bona fide and not solely for immigration benefits.
Battered spouses of US citizens and widow(er)s of US citizens may file their own visa petitions under which they are considered to be immediate relatives not subject to a visa number limitation.
Non-Immediate Relatives
First Preference : Married Sons and Daughters over Age 21
Third Preference : Unmarried Sons and Daughters over Age 21
Fourth Preference : Siblings
Permanent Residents may apply for
Second Preference A : Spouse and unmarried children under age 21
Second Preference B : Unmarried Son or Daughter over the age of 21. (If the beneficiary marries before permanent resident status is granted, the visa petition is voided and may not be reinstated even if the marriage terminates. The priority date is lost. A new petition may be filed upon termination of the marriage or when the permanent resident becomes a US citizen, as US citizens may file for married and unmarried sons and daughters.)
Battered spouses and children of permanent residents may file immigrant visa petitions for themselves and will be in the same preference category they would be in if the permanent resident family member filed for them. Their priority date is the date the special immigrant visa petition is filed.
Derivatives family members of preference categories: The spouse and unmarried children under 21 of any beneficiary in a preference category will be permitted to apply for an immigrant visa at the same time as the beneficiary or within two years they can “follow to join.” Of course, they must be otherwise eligible for permanent resident status. The spouse and unmarried children of an immediate relative may not immigrate as a derivative. Each such relative will have to have a separate visa petition.
