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U.S. Immigration Laws PDF Print E-mail
Article Index
U.S. Immigration Laws
Immigration Status: Employment-based
Employment-based First Preference
EmploymentBased-Second Preference
EmploymentBased-ThirdPreference
EmploymentBased-FourthPreference
EmploymentBased-FifthPreference
Labor Certification
Non Immigrant Status
Non Immigration Status: F1 Student
Non Immigrant Status: J1- Exchange Visitor
Non Immigrant Status: B-1 Business Visitor
Non Immigrant Status: Visa Waiver Program
Non Immigrant Status: TN Status
Non Immigrant Status: H-1B Specialty Worker
Non Immigrant Status: L-1 Intra Company Transferee
Non Immigrant Status: O-1 Extraordinary Ability
Non Immigrant Status: E-2 Treaty Investor
Non Immigrant Status: Other Types of Employment Based Nonimmigrant Visas
Developments Affecting Employment Based Cases
Family Based Immigrant Status
Family Based Immigrant Status: First Preference
Family Based Immigrant Status: Second Preference
Family Based Immigrant Status: Third Preference
Family Based Immigrant Status: Fourth Preference
Conclusion
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A. First Preference

The First Preference category is reserved for the adult children of U.S. citizens, i.e., those children who are now over the age of 21 and therefore traditionally fell out of the "immediate relative" definition. The adult child must be unmarried. As with all the family‑based categories, there is typically a backlog since there are more applicants than visas available under the annual allocations. Currently applicants from most countries have waited nearly five years for a visa number to become available in this category. Applicants from Mexico and the Philippines have faced an even longer backlog. Unless Congress increases the annual limit of 226,000 immigrant visas for family‑based categories, it seems likely these backlogs will continue to increase. The Child Status Protection Act (CSPA) allows some children to still be considered under the Second Preference category even if they turned age twenty‑one before their cases were completed.



 
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