The Immigration and Nationality Act (INA) provides for five different ways to immigrate to the US and obtain legal permanent residency (more popularly known as the "green card" even though it is no longer green). There is an annual overall cap of immigrant visas that is currently set at 480,000 visas a year. The fiscal year begins in October and that is when a new group of immigrant visas become available so foreign nationals can obtain their green card through one or more of these five different alternatives. The US government has a mathematical formula for distributing these visas among the five groups of eligible categories. Family immigration (Entering the US with a green card through a family sponsor) is one of them.

The Department of State publishes a Visa Bulletin every month that accounts for all the visas that were used in the prior month and are available for the remainder of that fiscal year for all five categories. It provides an explanation of how it accounts for all the visas. There are two sub-categories for family-sponsored visas: one is for immediate relatives and the other is for preference categories.

What are immediate relatives?

Immediate Relatives are generally divided into three categories: spouses, children, and parents of USCs. Some restrictions apply to these categories. For example: A person is not always a child and to be considered a child of a USC you have to be unmarried and under 21. Once a person turns 21, under INA they are now a son or daughter of a USC and they become a different category called a preference category.

What are preference categories?

The only other four permissible categories to obtain a green card through family immigration under the Immigration and Nationality Act are as follows:

First: Unmarried Sons and Daughters of Citizens

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

1. Spouses and Children
2. Unmarried Sons and Daughters (21 years of age or older)

Third: Married Sons and Daughters of Citizens

Fourth: Brothers and Sisters of Adult Citizen

When can my family member immigrate to the U.S.?

As a general rule the speed at which your family member can immigrate to the U.S. depends on the visa category and DHS office where the case is being processed. For example, the fact that there is an immigrant visa immediately available for an immediate relative does not always mean your immediate relative is going to immigrate to the U.S. immediately.

How can we help you?

We will assist you in ensuring that you are applying for a green card under an allowable family preference. If you are a preference category we will also advise you regarding your priority date and country of birth requirements. If you are eligible for a green card through family immigration, we will also provide guidance to help you obtain the supporting documentation you will need to prove that you qualify. We will prepare and file all immigration or consular documentation necessary to properly submit your case.