Who Can Petition Me?
The primary purpose of family-based immigration is the reunification of families. If you have a familial relationship with a U.S. citizen or Legal Permanent Resident (LPR), you may be eligible to apply for immigration status in the U.S. or outside the U.S. through the Department of State.
Who is considered an Immediate Relative?
You can apply for legal permanent residence if you fall into one of the following categories:
Spouse of a U.S. citizen
Unmarried child (under 21 years of age) of a U.S. citizen*
Parent of a U.S. citizen who is over 21 years of age
As an immediate relative, there is no cap on the number of visas available each year. That means your family member can file an I-130, Petition for Alien Relative, for you, and once it is approved, you can immediately apply to either adjust your status or consular process, depending on your method of entry into the U.S.
*Under the Child Status Protection Act (CSPA), some adult sons and daughters of U.S. citizens who were petitioned while less than 21 years of age may be eligible to apply as children (individuals under age 21).
What are Preference Categories?
If you do not have an immediate relative who is a U.S. citizen, you are not completely out of luck. The preference categories allow for certain individuals who do not meet the above criteria to be petitioned by U.S. citizens or LPRs. The following are the non-immediate relatives who can be petitioned:
First Preference: