Immediate Relative Petition

Immediate relatives consist of spouses of United States citizens, minor (under twenty one years of age), unmarried children of United States citizens, parents of United States citizens (if the petitioner is at least twenty one years of age), and certain other spouses of deceased United States citizens.

Family Based Preference categories

Preference immigrants consist of the following:

First Preference: Unmarried sons and daughters of United States citizens over the age of twenty-one years.

Second Preference: Spouses or children of aliens lawfully admitted for permanent residence; or Unmarried sons or daughters of aliens lawfully admitted for permanent residence;

Third Preference: Married sons and daughters of citizens of the United States;

Fourth Preference: Brothers or sisters of citizens of the United States, if such citizens are at least twenty-one years of age.

It should be noted that preference category immigrants are permitted to have derivative beneficiaries; immediate relatives are not permitted to have derivative beneficiaries. Derivative beneficiaries are the spouse or child of the principal alien in any of the family preference categories. Limits are placed on the number of immigrants permitted to enter the United States through preference category immigration each year. Immediate relatives have no numerical limitation. A monthly Visa Bulletin is published by the U.S. Department of State that establishes the priority dates that are being admitted in each preference category that month. Priority dates are the date of receipt by the U.S. Citizenship and Immigration Services of an immigrant petition. Until a priority date becomes current in a preference category, the prospective immigrant must wait for his or her priority date to become current to enter the United States as a permanent resident either through consular processing or, if the immigrant is already in the United States, through adjustment of status.