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There is no numerical limitation on the number of immediate relatives of U.S.
citizens who immigrate into the United States in a year. An immediate relative
is defined as the spouse, minor unmarried child, or parent of a U.S. citizen. An
immediate relative who entered the United States using a visa or through another
form of legal entry is not subject to a finding of inadmissibility based on
overstaying the visa or unauthorized word.
The other categories of eligible relatives are
subject to a limitation of the number of visas issued per year under the Family
Preference System. There can be a significant wait before a visa becomes
available for a relative qualified for LPR status under a family preference
category. Family Preference Classes 2A, 2B and 3 can expect wait times of 5-8
years for most countries before a visa number is available for the beneficiary
relative. The 4th Family Preference Class has a 12-20 year waiting period before
a visa number might become available for the brother or sister of a U.S.
citizen. Mexican relatives experience the longest wait times due to the volume
of petitions received that compete for the smaller number of Preference Class
visas allocated for Mexican citizens each year. See chart below for the most
recent numbers of visas issued under the Family Preference System at the time of
this printing.
| Preference Class |
Immigrant Beneficiary |
U.S. Sponsor |
Visas Per Year |
| 1st |
Unmarried Adult Child (21 years or
older) |
U.S. Citizen |
23,400* |
| 2nd A |
Minor Child |
LPR |
87,900 |
| 2nd B |
Unmarried Adult Child |
LPR |
26,300 |
| 3rd |
Married Adult Children |
U.S. Citizen |
23,400* |
| 4th |
Brothers and Sisters |
U.S. Citizen |
65,000* |
* Plus any visas left over from the previous
preference class. Visas left over from the 4th preference will be applied to the
1st preference class in the following year.
Evidence of Valid Marriage
Though a spouse of a U.S. citizen is an immediate relative for whom a visa is
made immediately available, the USCIS conducts a thorough inspection regarding
the validity of a marriage in order to prevent fraud against the United States.
The USCIS has the right to visit the residence of Petitioner and Beneficiary as
part of an investigation into a suspect marriage. Processing of spouse petitions
may be delayed if the USCIS officer reviewing the petition requests additional
evidence to support the petition or if the officer suspects that the marriage
was entered into for the purpose of securing immigration benefits for the alien
beneficiary. The same type of inquiries may also delay LPR spouse petitions.
Affidavit of Support
An alien will be deemed inadmissible for immigration who will become a public
charge of the United States. For this reason, all family-based immigrants must
have their petitioning relative provide a legally binding Affidavit of Support
demonstrating that the Petitioner can support the alien at a level of no less
that 125% of the current federal poverty guidelines. If the petitioning relative
cannot meet or exceed the required level of income, a joint sponsor may also
execute a binding Affidavit of Support to assume financial responsibility for
the alien who wishes to immigrate. The Affidavit of Support is a binding
contract with the United States government that is enforceable against the
petitioning relative and joint sponsor until the alien beneficiary has become a
citizen through naturalization or has worked for 40 annual quarters. The
Affidavit of Support is enforceable against a petitioning spouse even if the
marriage to an alien beneficiary ends in divorce or separation.
Medical Examination
A medical examination conducted by an approved Civil Surgeon along with proof of
proper vaccination records is required before a Beneficiary of a family-based
petition is allowed to adjust status to Legal Permanent Resident.
Conditional Permanent Residence
Conditional Permanent Resident (CR) status will be granted to spouses of U.S.
Citizens and LPR’s where the marriage was entered into less than 24 months
before the alien beneficiary was conditionally granted permanent residence
status. CR status lasts for two years and a petition must be submitted to remove
the status so that the alien beneficiary becomes an LPR. Children and
step-children who petition along with an alien beneficiary parent based on a
marriage of less than two years to a U.S. Citizen or LPR will also be granted CR
status. The request to remove CR status of children can be included on the
petition made by the CR alien parent after two years.
THE INFORMATION CONTAINED IN THIS BROCHURE DOES
NOT CONSTITUTE LEGAL ADVICE. CONSULT AN IMMIGRATION LAW ATTORNEY ABOUT YOUR
INDIVIDUAL SITUATION. | 
