FAMILY-BASED PERMANENT RESIDENCE VISAS

Without Quota: Immigrant visas are always immediately available whenever a U.S. citizen files a permanent residence visa petition on behalf of his/her:

1) Husband or wife,

2) Child under the age of 21, and

3) Parent if the U.S. citizen is at least 21 years

 

With Quota: Various quotas affect the Family Preference Categories

[Note: "Sons and Daughters" mean over 21 years old.]

1. First Preference: Unmarried Sons and Daughters of American Citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa.

2. Second Preference: Spouses and Unmarried Sons and Daughter of Lawful Permanent Residents;

3. Third Preference: Married Sons and Daughters of U.S. Citizens.

4. Fourth Preference: Brothers and Sisters of U.S. Citizens.

 

Ineligible Persons:

1.An adoptive parent or adoptive child if the adoption took place after the child reached the age of 16, or if the child has not been in the legal and physical custody of the parents for a period of at least two years;

2.A natural parent if the U.S. citizen gained permanent residence through adoption;

3.A stepchild or stepparent if the marriage that created the relationship took place after the child was 18 years of age;

4.A husband or wife if both were not physically present at the marriage ceremony, and the marriage was not consummated;

5. A husband or wife if the person filing the petition gained permanent resident status by virtue of a prior marriage to a U.S. citizen or permanent resident unless a period of five years has elapsed since the petitioner became a permanent resident, or the prior marriage was terminated by the death of the spouse, or he/she can establish by clear and convincing evidence that the prior marriage was not entered into to evade any provision of the immigration law.

Claim to U.S. Citizenship. With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was:

-- Born or naturalized in the U.S., or -- A U.S. citizen at the applicant's birth.

If you believe that you may have a claim to United States citizenship, you should not apply for any visa until you have determined whether you are a U.S. citizen.