Family Preference Categories (F1-F4): Reuniting Extended Family of U.S. Citizens and Lawful Permanent Residents

Beyond “Immediate Relatives,” U.S. immigration law provides pathways for other qualified family members of U.S. citizens and Lawful Permanent Residents (LPRs, or Green Card holders) to obtain permanent residency. These are known as the “Family Preference Categories.” As the image suggests, these categories cater to a broader range of family relationships.

The crucial difference between Immediate Relatives and the Family Preference Categories is that the Family Preference Categories are subject to annual numerical limits (quotas). This means that only a certain number of immigrant visas are available each year for each category and per country. Consequently, there are often waiting lists, and applicants must wait for their “priority date” to become current according to the Visa Bulletin before they can proceed with their Green Card application.

Here are the Family Preference Categories:

1. First Preference (F1): Unmarried Sons and Daughters (21 years of age and older) of U.S. Citizens.

   • Petitioner: Must be a U.S. Citizen.
   • Beneficiary: The U.S. citizen’s unmarried children who are 21 years of age or older. (If the child is under 21 and unmarried, they would qualify as an Immediate Relative).

2. Second Preference (F2): Spouses and Children of Lawful Permanent Residents. This category is further divided into two subcategories:

   • F2A: Spouses and Unmarried Children (under 21 years of age) of Lawful Permanent Residents.
     • Petitioner: Must be a Lawful Permanent Resident.
     • Beneficiary: The LPR’s spouse and their unmarried children who are under 21 years of age.
   • F2B: Unmarried Sons and Daughters (21 years of age and older) of Lawful Permanent Residents.
     • Petitioner: Must be a Lawful Permanent Resident.
     • Beneficiary: The LPR’s unmarried children who are 21 years of age or older.

3. Third Preference (F3): Married Sons and Daughters of U.S. Citizens.

   • Petitioner: Must be a U.S. Citizen.
   • Beneficiary: The U.S. citizen’s married children (any age). The spouse and unmarried minor children of the married son or daughter can also immigrate as derivative beneficiaries.

4. Fourth Preference (F4): Brothers and Sisters of U.S. Citizens.

   • Petitioner: Must be a U.S. Citizen, and the U.S. citizen petitioner must be at least 21 years old.
   • Beneficiary: The U.S. citizen’s siblings. This includes half-siblings and step-siblings under certain conditions. The spouse and unmarried minor children of the sibling can also immigrate as derivative beneficiaries.

General Application Process:

1. File Form I-130, Petition for Alien Relative: The U.S. citizen or LPR (the petitioner) files Form I-130 with U.S. Citizenship and Immigration Services (USCIS) for the eligible family member (the beneficiary).
2. Priority Date Assignment: Upon USCIS’s receipt of the I-130 petition, a “priority date” is established. This date is crucial as it determines the beneficiary’s place in the visa queue.
3. Waiting for Visa Availability: The beneficiary must wait until their priority date becomes “current” in the Visa Bulletin for their specific preference category and country of chargeability. Waiting times can vary significantly, from a few years to over a decade, depending on the category and country.
4. Affidavit of Support (Form I-864): The petitioner must demonstrate their ability to financially support the intending immigrant(s) by filing Form I-864.
5. Immigrant Visa Application or Adjustment of Status: Once the priority date is current:
   • Consular Processing: Most beneficiaries in these categories will apply for an immigrant visa at a U.S. embassy or consulate in their home country. This involves processing through the National Visa Center (NVC).
   • Adjustment of Status (AOS): If the beneficiary is already in the United States in a lawful status, has continuously maintained that status, and meets other stringent eligibility criteria, they may be eligible to apply for Adjustment of Status (Form I-485) to become a permanent resident without leaving the U.S. Eligibility for AOS is more limited for preference category applicants compared to Immediate Relatives.

Key Factors and Considerations:

• Visa Bulletin and Priority Dates: This is the most critical element for Family Preference categories. Applicants must regularly monitor the Department of State’s Visa Bulletin to track when their priority date becomes current.
• Derivative Beneficiaries: In many preference categories (F2A, F2B, F3, F4), the principal beneficiary’s spouse and unmarried minor children can typically immigrate with them or “follow to join” later.
• “Aging Out”: Children who are beneficiaries (or derivative beneficiaries) risk “aging out” if they turn 21 before their priority date becomes current. The Child Status Protection Act (CSPA) provides some relief under specific circumstances, but its application can be complex.
• Changes in Marital Status or Petitioner’s Status:
  • If an F1 (unmarried adult child of U.S. citizen) beneficiary marries, the petition is automatically converted to the F3 category (married child of U.S. citizen), which often has longer waiting times.
  • If an F2A or F2B (child of LPR) beneficiary marries, they generally lose eligibility for that petition unless the LPR petitioner becomes a U.S. citizen, in which case the petition may be upgraded.
  • If an LPR petitioner becomes a U.S. citizen, certain F2A or F2B petitions can be upgraded, potentially shortening waiting times.

Conclusion:

The Family Preference Categories allow U.S. citizens and Lawful Permanent Residents to petition for a wider range of family members to immigrate to the United States. However, due to annual quotas, these pathways require significant patience, as waiting times for visa availability can be substantial. Understanding the specific category, monitoring the Visa Bulletin, and being aware of how life changes can impact eligibility are crucial for navigating this process.