Family Based Immigration

Consular Processing

U.S. citizens (USCs) and lawful permanent residents (LPRs) often have family members living abroad with whom they would like to be reunited. The process begins when the USC or LPR relative submits a Form I-130 application or “sponsors” the relative. The relative is eventually interviewed abroad and if found “admissible” he or she will be granted a visa thereby gaining legal entry into the U.S. Family-based immigration is very common and can sometimes be a fast-track method for a family member to become a lawful permanent resident.

Under the Immigration and Nationality Act (INA) there are two basic categories of relatives that permit immigration to the U.S.: immediate relatives and preference immigrants.

Immediate relatives (IR; unlimited): These visa types are based on a close family relationship with a U.S. citizen, described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

• IR-1: Spouse of a U.S. Citizen
• IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
• IR-3: Orphan adopted abroad by a U.S. Citizen
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
• IR-5: Parent of a U.S. Citizen who is at least 21 years old

Preference immigrants (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. There are fiscal year numerical limitations on family preference immigrants. The family preference categories consist of the following:

• First Preference: Unmarried sons and daughters of U.S. citizens over 21 years old;
• 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 U.S.;
• Fourth Preference: Brothers or sisters of citizens of the U.S., if such citizens are at least 21 years of age.

Limits are placed on the number of immigrants permitted to enter the U.S. through preference category immigration each year. 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. The prospective immigrant must wait for his or her priority date to become “current” before he or she can enter the U.S. as a lawful permanent resident. This process, where the immigrant family member is living outside the U.S., is known as consular processing.