There are two categories of family petitions: “Immediate relative” petitions and “family preference relative” petitions. Immediate relative applicants receive priority in the U.S. immigration system and will move through the process faster.
Immediate relatives include:
Spouses of U.S. citizens
Unmarried children of U.S. citizens under the age of 21
Parents of U.S. citizens who are at least 21 years old
Family preference relatives include:
Unmarried children of U.S. citizens who are at least 21 years old
Spouses of lawful permanent residents
Children of lawful permanent residents (any age)
Married children of U.S. citizens
Siblings of U.S. citizens
Fiancés of U.S. citizens and their children with U.S. citizens can come to the U.S. through K-1 and K-2 visas, respectively. Widow(er)s of U.S. citizens may also self-petition become lawful permanent residents.
An unlimited number of green cards are available to immediate relative applicants, but family preference relative categories are subject to annual caps under the law. Family preference relative applicants must wait for a visa to become available, and this wait may last for several years or more.
Our Anaheim family-based immigration attorney can assess you or your loved one’s circumstances, walk you through what you should expect, and estimate the extent of the wait. Our team can also assist you with appeals if your petition is denied or revoked.