Overview: Family preference categories cover specified relatives of U.S. citizens and permanent residents who are subject to annual visa-number limits. An approved I-130Petition for Alien Relative, filed by a U.S. citizen or permanent resident to establish a qualifying family relationship with an intending immigrant.See it in the glossary establishes the qualifying relationship; it does not mean a visa number is available or give permission to live or work in the United States.
Which category applies?
- F1: unmarried sons and daughters age 21 or older of U.S. citizens.
- F2A: spouses and unmarried children under 21 of lawful permanent residents.
- F2B: unmarried sons and daughters age 21 or older of lawful permanent residents.
- F3: married sons and daughters of U.S. citizens.
- F4: brothers and sisters of U.S. citizens who are at least 21.
Family preference F1 is unrelated to the F-1 student category. A permanent resident cannot petition for a married son or daughter, parent or sibling. A U.S. citizen’s qualifying spouse, child under 21 or parent generally belongs in the separate immediate-relative framework.
The priority date and Visa Bulletin
The Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary is generally the date the properly filed I-130 was received. It establishes the case’s place in the relevant queue. Availability depends on comparison with the correct preference category and country of ChargeabilityThe country an applicant's visa number is counted against for per-country limits, normally the country of birth rather than citizenship or residence.See it in the glossary, usually determined by birth rather than citizenship, subject to exceptions.
The Visa BulletinA monthly State Department publication showing which family and employment visa categories currently have visas available.See it in the glossary has two kinds of charts. Final Action DatesThe Visa Bulletin chart showing the priority dates for which a visa number can actually be issued or a green card approved in that month.See it in the glossary concern when a number may be used for final approval. Dates for FilingThe Visa Bulletin chart showing the earliest priority dates for which applicants may submit documents, or in some months file for adjustment of status, ahead of a visa number being available.See it in the glossary concern when designated application processing may begin. For adjustment inside the United States, USCIS announces which chart applicants may use that month.
“C” means current; a listed date generally requires a priority date earlier than that date. “U” means unavailable. Dates can advance or move backward. The bulletin is not a promise that a case will finish in a fixed number of months.
Application steps
- The PetitionerThe person or employer who files a petition on behalf of a beneficiary, such as a relative filing an I-130 or an employer filing an I-140.See it in the glossary files I-130 with status and relationship evidence.
- USCIS decides the petition. The approval and priority date remain relevant to later processing.
- Visa availability and National Visa Center (NVC)The State Department office that collects fees and documents from approved petitioners before a case is scheduled at a consulate.See it in the glossary or USCIS instructions govern the next stage; petition approval alone does not permit every final application.
- The applicant uses consular immigrant-visa processing abroad or eligible adjustment inside the United States when permitted to file.
- Financial sponsorship, medical, civil-document, interview and admissibility requirements precede final approval.
Agency procedures require current contact information and responses to notices. A long visa-number wait does not suspend response deadlines once processing begins.
Who can accompany the main beneficiary?
Many preference cases permit a qualifying spouse and unmarried children under 21 to immigrate as derivatives. Their eligibility must be assessed under the actual category, relationship and age-protection rules.
An F1 or F2B principal is unmarried by definition, so those categories do not include a derivative spouse of an unmarried principal. Qualifying children may derive. If an F1 beneficiary marries, the case may convert to F3. If an F2B beneficiary marries while the petitioner remains a permanent resident, there is no corresponding category and the petition can be revoked.
In F3 and F4, the principal’s qualifying spouse and children may derive. In F2A, a principal spouse’s qualifying children may be derivatives. If the petitioner naturalizes and the spouse becomes an immediate relative, derivative treatment changes and separate child petitions may be needed.
Marriage, age and naturalization can change the case
Marriage, divorce, births, deaths and the petitioner’s naturalization can create reporting requirements and change the category. Some F2B beneficiaries can elect to remain in F2B after a petitioner’s naturalization under the applicable rule. The effect on visa availability depends on the facts and relevant chart.
The Child Status Protection Act can preserve child classification in certain cases, but it is not a general rule freezing every child’s age on the I-130 filing date. Calculations, visa availability and required timely action matter. A child’s approaching 21st birthday can make these timing requirements consequential before final processing.
Staying, working and paying costs
A pending family preference petition does not provide lawful status, work permission or protection from removal. For a person already in the United States, independent status and adjustment eligibility are separate questions. The exceptions available to immediate relatives do not automatically apply to preference applicants.
Costs include the petition, final applications for each family member, medical examinations, civil documents and necessary translations. Most cases require I-864 financial sponsorship, including a qualifying joint sponsor where applicable.
Official sources
- Department of State: family immigration
- USCIS: I-130 instructions
- Department of State: Visa Bulletin
- USCIS: Child Status Protection Act