Difference Between Immediate Relatives and Family Preference Categories?
USCIS doesn’t make it easy for non-lawyers to understand family-based immigration laws. The way it defines the term ‘immediate relative’ isn’t the same as the way we define that term in a family context.
If you have questions about obtaining an immediate relative or family preference visa for yourself or a loved one, contact the experienced Florida family-based immigration attorneys at Robert M Bell. We can help you understand the visas you qualify for and the potential timeframe for obtaining status in the United States. Call (954) 241-4209 or connect with our Hollywood, Florida office online today.
Defining ‘Immediate Relative’ Under U.S. Immigration Law
The term ‘immediate relative’ only applies to certain relatives of United States citizens, not Green Card holders (lawful permanent residents). You’re considered an ‘immediate relative’ for immigration purposes only if you’re the spouse, unmarried child under the age of 21, or parent of a U.S. citizen over the age of 21.
Persons falling into these three immediate relative categories can obtain a Green Card immediately following approval of their qualifying relative’s I-130 (family-based) immigration petition and interview. Unlike family preference petitioners, immediate relatives do not have to wait for a visa to become available under the U.S. quota system.
Understanding Family Preference Immigration Categories
If you’re not considered an immediate relative, you may qualify for a family-based visa under the ‘family preference’ category. Family preference Green Cards are limited in both scope and availability. However, certain family members of lawful permanent residents can qualify for status under this category. They include the following in priority order:
- Unmarried children of U.S. citizens over the age of 21 (first preference)
- Spouses and unmarried children under the age of 21 of LPRs (second preference)
- Children (unmarried only) over the age of 21 of LPRs (second preference)
- Married children of U.S. citizens (third preference)
- Siblings – half or full – of U.S. citizens (fourth preference)
Noticeably absent from the family preference category are the siblings and married children of Green Card holders, who are not considered ‘family members’ under U.S. immigration law. An experienced immigration lawyer can help non-qualifying relatives obtain another type of visa in such cases.
Determining Family Preference Visa Processing Dates
Unlike immediate relative visas – which are immediately available in unlimited quantity upon approval – family preference visas are limited. Petitioners must wait until a visa in their preference category (first, second, third, or fourth) becomes available. Availability depends on the number of visas authorized in that category for your country of origin each year. It’s a matter of supply and demand.
Family-preference applicants from high-demand nations such as Mexico and China face longer wait times, sometimes decades, for lower-priority visas. An experienced family-preference immigration lawyer can compare your application’s priority date and country of origin with the monthly USCIS visa bulletin to provide an estimated availability date.
South Florida Family-Based Immigration Law Firm
The experienced family immigration attorneys at Robert M Bell, P.A., can help family members of both U.S. citizens and Green Card holders obtain legal status in the United States. By checking your eligibility and comparing your preference category to current priority dates, we can also help you choose the best avenue forward in your case. Discuss filing an I-130 for your loved one with our experienced Florida legal team today by calling (954) 241-4209 or connecting with us online.