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United States citizens (USC) and lawful permanent residents may petition for certain relatives to become permanent residents (green card holders). Some classes of relatives are able to adjust their status to lawful permanent residency immediately, meaning that there is no wait for an immigrant visa. Other classes of relatives are grouped into preference categories that determine how long they will have to wait for an immigrant visa after filing an I-130 petition for alien relative, which initiates the process. These preference categories and the length of wait are set forth in the State Department Visa Bulletin that is updated monthly and is available on the State Department website. Immediate Relatives for whom an immigrant visa (green card or adjustment of status) is immediately available: Immediate relatives are spouses, children under 21, and parents of United States citizens. Fiances of USCs living abroad may be sponsored and enter the United States on a K-1 visa petition, and children of the foreign national fiancé may enter on a K-2 visa. First Preference Category: the unmarried sons and daughters of USCs who are age 21 and over. The wait period is generally one year or more, depending upon the country of citizenship of the son or daughter. If someone in this category marries before becoming a green card holder, his or her preference category automatically converts to the Third Preference, necessitating a much longer wait for an immigrant visa. Second Preference Category: the spouses and unmarried sons and daughters of lawful permanent residents. Spouses and children under 21 are classed as second preference category “A,” and sons and daughters age 21 and over constitute subcategory “B.” If the sponsor becomes a USC during the petitioning process, spouses and children under 21 automatically become immediate relatives (for whom an immigrant visa is immediately available), and first preference category for sons and daughters over 21 on the sponsor’s date of naturalization. Please note that first preference may, at times, be a longer wait than second preference. Married sons and daughters of lawful permanent residents are not eligible beneficiaries. Third Preference Category: married sons and daughters of USCs. This preference category entails the longest wait, and families may want to explore other options for immigrating, if available. Fourth Preference Category: brothers and sisters of adult USCs. |
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