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The US government provides a yearly minimum
of around 226,000 family-based immigrant visas, which are
divided into two main categories, immediate relatives
and family preferences. The family preference
category is further subdivided into five preference categories.
Quotas: All
family preference categories except for immediate
relatives are limited by the 226,000 annual quota. After
the annual quota is reached for a certain category, there is a waiting
period to process the remaining visa applicants. These waiting periods
are listed below.
The Application Process:
Both categories require a two-part filing: a petition filing with
the Immigration and Nationalization Service (INS) or the U.S. consulate
in one's home country, and, once the petition has been approved,
a visa application. Exception: Immediate
relatives living in the U.S. may file both parts at the same time.
Applicants may apply either in the U.S.
or at the U.S. consulate in their home country. Filings in a third
country may prove difficult unless the applicant's home country
lacks diplomatic relations with the U.S.
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Immediate Relatives
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Quota: None
Who is Eligible:
- Spouses of US citizens
- Widows/Widowers of US Citizens; must have been married
to the deceased for at least two years and be widowed within
two years of the application
- Unmarried people under the age of 21 with at least one
US citizen parent
- Parents of US Citizens, if the citizen child is over
the age of 21
- Adopted children of US Citizens where the formal adopting
relationship occurred before the child's 16th birthday
- Stepchildren or stepparents of US Citizens where the family
relationship began before the stepchild's 18th birthday
Important News: Immediate
relatives waiting on the status of their green card applications
may now apply for a temporary "K" visa which will
allow them to live and work in the U.S. while waiting for
their application to be processed. This visa must be issued
outside the U.S.
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Family
preference categories: |
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Family First Preference: |
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Quota: 23,400 plus
any unused 4th preference visas
Waiting Period: 2 years for all
countries except the Philippines (11 years) and Mexico (4-5
years)
Who is Eligible: unmarried people
with at least one US citizen parent
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Family
Second Preference: |
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Quota:
114,200 plus any unused 1st preference visas (and
no less than 77% to 2A)
Waiting Period: 4 years for
2A, 6 years for 2B
Who is Eligible:
2A: Spouses of green-card holders
and unmarried children under 21 of green-card holders
2B: Unmarried sons and daughters
(over 21 years) of green-card holder
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Family Third
Preference: |
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Quota: 23,400 plus
any unused 2nd preference visas
Waiting Period: At least three
years for all countries except the Philippines (11 years)
and Mexico (4-5 years)
Who is Eligible:
Married children of US Citizens
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Family Fourth Preference: |
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Quota:
65,000
plus any unused
3rd preference visas
Waiting Period: Ten years for
all countries except the Philippines (19 years)
Who is Eligible:
Siblings of US Citizens where the US Citizen is at least
21 years old
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Fiancé(e)
of a US Citizen: |
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Category:
K-1 Visa (temporary)
Quotas:
none
Limitations: this nonextendible,
temporary visa lasts only 90 days. It is used primarily
to bring a fiancé(e) into the country. Although it
can be easily converted into a green card after marriage,
this visa may take as long as eight months to obtain. It
may be faster to apply for a green card after the marriage
in the immediate relative category.
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