Historically, family reunification
has been the principal policy underpinning U.S. immigration
law. Family-based immigration, a tightly regulated system,
allows for close relatives of U.S. Citizens and Legal Permanent
Residents (LPR) to rejoin their families here in America.
Family-based immigrants are admitted to the U.S.
either as immediate relatives of U.S. citizens or through
the family preference system.
Immediate Relatives are:
- Spouses of U.S. citizens.
- Unmarried minor children of U.S. citizens.
- Parents of U.S. citizens.
There is no cap on the number of
visas available every year for immediate relatives.
The Family Preference System allows into the U.S.:
- Adult children (unmarried and married)
and brothers and sisters of U.S. citizens.
- Spouses and unmarried children (minor
and adult) of LPRs.
There are a limited number of visas
available every year under the Family Preference system.
Under current immigration law, visas are allocated
as follows:
The Family Preference System
| U.S.
Sponsor |
Relationship |
Preference
# |
Visa
Allocated |
| U.S.
Citizen |
Unmarried
Adult Children |
1st |
23,400
visas/yr |
| LPR |
Spouses
& Minor Children |
2nd
A |
87,900
visas/yr |
| LPR |
Unmarried
Adult Children
(21 yrs or older) |
2nd
B |
26,300
visas/yr |
| U.S.
Citizen |
Married
Adult Children |
3rd |
23,400
visas/yr[2] |
| U.S.
Citizen |
Brothers
& Sisters
(21 yrs or older) |
4th |
65,000
visas/yr[3] |
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
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