Family Immigration Categories

The United States, unlike most other countries, has an immigration system primarily based on family reunification.  The overwhelming majority of immigrant visas issued to individuals are in family based categories.  Family based immigration includes two groups.  The first are immediate relatives, which are not subject to the numerical restrictions and are unlimited.  This group includes five immigrant visa categories:

1) spouse of a U.S. citizen (IR-1);

2) unmarried child under 21 years of age of a U.S. citizen (IR-2);

3) Orphan adopted abroad by a U.S. citizen (IR-3);

4) Orphan to be adopted in the U.S. by a U.S. citizen (IR-4);

5) Parent of a U.S. citizen who is at least 21 years old (IR-5).[1]

The second groups of family based immigrant visas are family preference categories, which are limited.  These visas are for more distant family relationships for U.S. citizens and the family of Lawful Permanent Residents.  The family preference categories include[2]:

1) Unmarried sons and daughters of U.S. citizens, and their minor children, if any (23,400 annually plus visas not required for 4th Preference)(F-1, Family First Preference);

2) Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs.  At least seventy seven percent (77%) of all visas available for this category will go to the spouses and children (F2-A); the remainder is allocated to unmarried sons and daughters. (114,200 annually, plus visas not required for 1st Preference)(F-2, Family Second Preference);

3) Married sons and daughters of U.S. citizens, their spouses and children. (23,400 annually, plus vsias not required for 1st or 2nd Preference)(F-3, Family Third Preference)

4) Brothers and Sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age (65,000 annually, plus visas not required for 1st, 2nd, or 3rd Preference)(F-4, Family Fourth Preference).

[1] INA 101(b)(1)

[2] INA 203(a). Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.