FAMILY BASED IMMIGRATION

Spouse

Petitioned by U.S. Citizen Spouse is an immediate relative and can petition immediately: Petitioned by Legal Permanent Residents: Not and immediate relative and petitioner needs to follow the visa bulletin under preference category 2A.

Children

Petitioned by U.S. Citizens:

• Children of U.S. Citizens (under 21 years of age): Often, the child is considered a U.S. Citizen at the time of birth or is considered and immediate relative and can petition immediately.
• Unmarried children of U.S. Citizens (21 years of age and older): Petitioner needs to follow the visa bulletin under the first preference category.
• Married children of U.S. Citizens: Need to follow the visa bulletin under the third preference category.

Petitioned by Legal Permanent Residents:

• Children of Legal Permanent Residents (under 21 years of age): Need to follow the visa bulletin under preference category 2A.
• Unmarried children of Legal Permanent Residents (21 years of age and older): Need to follow the visa bulletin under preference category 2B.

Please note, legal Permanent Residents cannot petition for married children.

Parents

• Petitioned by U.S. Citizens (adults): Immediate relative and and can petition immediately.
• Legal Permanent Residents cannot petition for parents.

Siblings

• Petitioned by U.S. Citizens (adults): Need to follow the visa bulletin under the fourth preference category.
• Legal Permanent Residents cannot petition for siblings.