FAMILY BASED IMMIGRANT STATUS
The immediate relatives of U.S. citizens do not come under the quota system, so immigrant visas are always available. "Immediate relatives" are defined as spouses of U.S. citizens, parents of U.S. citizens over the age of 21, and unmarried children under the age of 21 of U.S. citizens. Note that the spouse of a U.S. citizen will only be granted "conditional" permanent resident status for an initial two years if the couple has been married less than two years at the time of adjudication. The CIS will want to verify at the end of this period that the couple still resides together and that no fraud was involved. A waiver could be sought if the couple divorced during this period. If not an immediate relative, an applicant must show a relationship under one of the family‑based categories listed below:
Family‑Based Categories
- 1st Preference: Unmarried sons and daughters (age 21 or older) of U.S. citizens.
- 2nd Preference: Spouses and children (under 21) of permanent residents, or unmarried sons and daughters (over age 21) of permanent residents.
- 3rd Preference: Married sons and daughters of U.S. citizens (over age 21).
- 4th Preference: Brothers and sisters of U.S. citizens (over age 21).
