Thomas J Hurley, Jr. Attorney at Law - Immigration & Naturalization
 

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Family-Based Immigration Overview

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; and

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; and

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 Preference
23,400visas/yr[1]

LPR
spouses and minor children
2nd A Preference
87,900 visas/yr

LPR
unmarried adult children
(21 yrs or older)
2nd B Preference
26,300 visas/yr

U.S. Citizen
married adult children
3rd Preference
23,400 visas/yr[2]

U.S. Citizen
brothers and sisters
(21 yrs or older)
4th Preference
65,000 visas/yr[3]

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[1] Plus any visas left over from the 4th preference.

[2] Plus any visas left over from the 1st and 2nd preferences.

[3] Plus any visas left over from the previous preferences.

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