If you are looking to permanently live in the United States, you will need to get an immigrant visa. To apply for an immigrant visa, you must be sponsored by an immediate relative who is at least 21 years old and is either a US citizen or US Lawful Permanent Resident (ie. a green card holder).
There are two types of family based immigration:
Immediate Relative – These visas are for an immediate relative, such as spouse, child or parent. These visas are NOT limited each year.
Family-Based Preference – Other relatives of a U.S. citizen or relative of a lawful permanent resident:
- Family member of a U.S. citizen, meaning you are the:
- Unmarried son or daughter of a U.S. citizen and you are 21 years old or older
- Married son or daughter of a U.S. citizen
- Brother or sister of a U.S. citizen who is at least 21 years old
- Family member of a lawful permanent resident, meaning you are the:
- Spouse of a lawful permanent resident
- Unmarried child under the age of 21 of a lawful permanent resident
- Unmarried son or daughter of a lawful permanent resident 21 years old or older
- Family member of a U.S. citizen, meaning you are the:
Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
Who Can a US Citizen Petition for vs. Who Can a US Permanent Resident Petition for?
A US citizen can file an immigrant visa petition for their:
- Spouse
- Son or daughter
- Parent
- Brother or sister
A US Permanent Resident can ONLY file for their:
- Spouse
- Unmarried son or daughter