Family-Based Immigration

At the Law Office of Steven Nguyen & Associates, we routinely petition for family members eligible to receive immigrant visas. Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

• IR-1: Spouse of a U.S. Citizen
• IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
• IR-3: Orphan adopted abroad by a U.S. Citizen
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
• IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
• Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

For a Preference category petition, once the Relative Petition is approved, the Application for Permanent Residence can be filed if visas are available. Visas are always available for immediate relatives of U.S. citizens.  Beneficiaries under the preference system must wait until visas are available.  The date of filing the petition establishes the “priority date” which is the Beneficiary’s place in line for their visa.  Please contact our office for the current visa bulletin and visa availability.