Family-Based Immigration

Family Preference Immigrants

U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. Family preference categories are subject to annual numerical limits and visa availability depends on priority dates.

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01

Eligibility Requirements

02

Regulatory Criteria

First Preference (F1)

Unmarried sons and daughters (21 years of age and older) of U.S. citizens. This category requires the beneficiary to remain unmarried throughout the process.

Examples
  • Unmarried adult children (21+) of U.S. citizens
  • Must remain unmarried until Green Card is approved
  • Marriage during the process may result in loss of eligibility in this category

Second Preference (F2A)

Spouses and children (unmarried and under 21 years of age) of lawful permanent residents. This is often one of the faster family preference categories.

Examples
  • Spouse of a lawful permanent resident (Green Card holder)
  • Unmarried children under 21 of lawful permanent residents
  • Children must remain unmarried and under 21 to qualify

Second Preference (F2B)

Unmarried sons and daughters (21 years of age and older) of lawful permanent residents. This category has longer wait times than F2A.

Examples
  • Unmarried adult children (21+) of lawful permanent residents
  • Must remain unmarried throughout the process
  • If petitioner naturalizes, case may convert to F1 category

Third Preference (F3)

Married sons and daughters of U.S. citizens. This category includes married children of any age.

Examples
  • Married children of U.S. citizens regardless of age
  • Spouse and minor children of the principal can derive status
  • If the U.S. citizen petitioner passes away, case may still proceed if requirements are met

Fourth Preference (F4)

Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older). This category typically has the longest wait times.

Examples
  • Brothers and sisters of U.S. citizens
  • U.S. citizen petitioner must be 21 years of age or older
  • Spouse and minor children of the principal can derive status

Adjustment of Status Requirements

To adjust status in the United States, you must meet specific requirements including inspection and admission or parole, visa availability, and admissibility.

Examples
  • Inspected and admitted or inspected and paroled into the United States
  • Immigrant visa immediately available at time of I-485 filing and decision
  • Relationship to the petitioner still exists
  • Must merit favorable exercise of discretion
03

Application Process

Form I-130

U.S. citizen or LPR files Form I-130, Petition for Alien Relative, to establish the family relationship.

Wait for Priority Date

Wait for your priority date to become current based on the Visa Bulletin.

File I-485 or Consular Process

If in U.S. and visa available: file Form I-485. If abroad: consular processing.

Biometrics

Attend biometrics appointment for fingerprinting and photos.

Medical Exam

Complete Form I-693, Report of Immigration Medical Examination, with USCIS-designated physician.

Interview

Attend interview at USCIS field office (if adjusting status) or U.S. consulate (if abroad).

Decision

USCIS or consular officer adjudicates the application.

04

Key Benefits

Path to lawful permanent residence (Green Card)
Derivative status available for spouse and unmarried children under 21 of principal applicant
Can file Form I-485 concurrently if visa is immediately available
Can apply for employment authorization while I-485 is pending
Can apply for advance parole for travel while I-485 is pending
Labor certification ground of inadmissibility does not apply
05

Documents Needed

06

Frequently Asked Questions

What are the family preference categories?
The five family preference categories are: F1 (unmarried adult children of U.S. citizens), F2A (spouses and minor children of LPRs), F2B (unmarried adult children of LPRs), F3 (married children of U.S. citizens), and F4 (siblings of U.S. citizens age 21+).
How long is the wait for a family preference visa?
Wait times vary significantly by category and country of birth. Check the Department of State's Visa Bulletin for current priority dates. F4 (siblings) typically has the longest wait, often exceeding 10-20 years for certain countries.
What is a priority date?
Your priority date is the date USCIS receives your Form I-130 petition. You cannot file for adjustment of status (Form I-485) until your priority date becomes 'current' according to the Visa Bulletin.
Can my spouse and children come with me?
Yes. If you are the spouse or unmarried child (under 21) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. You must file your own Form I-485.
What if I am barred from adjusting status?
You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars. See Form I-485 Supplement A for more information. Otherwise, consular processing abroad may be required.
What happens if my petitioner becomes a U.S. citizen?
If your petitioner naturalizes while your case is pending, your category may change. For example, F2A or F2B beneficiaries may convert to the F1 or immediate relative category, which could affect your wait time positively or negatively.
07

Fees

I-130 Petition Attorney Fee$1,500
Initial Installment$1,500
USCIS Fee (I-130)$625
I-485 Attorney Fee (Principal)$1,500
USCIS Fee I-485 (Adult)$1,440
IVP (Consular) Fee per Applicant$345

Fees are estimates and may change. Contact us for a quote for your specific case.

Need help with your immigration case?

Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.