Family reunification is a cornerstone of the United States immigration system. While US citizens and lawful permanent residents (LPRs) can petition for close family members to join them in the United States, not all relatives are treated equally under immigration law. The rules governing family-based immigration distinguish between two main categories: immediate relatives and family preference immigrants. The family preference system is subject to strict annual quotas, meaning applicants may face long waiting times before a visa becomes available.
What this article is about
This article provides a comprehensive guide to the US Family Preference Visa. It explains how the system works, the categories of relatives who qualify, the petition and application process, and the role of visa quotas and priority dates. It also addresses practical issues such as processing delays, the Visa Bulletin, and frequently asked questions about eligibility and family sponsorship.
Section A: Understanding the Family Preference Visa
The family-based immigration system in the United States is designed to enable citizens and lawful permanent residents (LPRs) to reunite with their family members. However, not all relatives are treated the same way under immigration law. To balance demand with the limits of the annual immigration system, US law divides family immigration into two categories: immediate relatives and family preference immigrants.
Immediate Relative vs Family Preference
Immediate relatives of US citizens—such as spouses, unmarried children under 21, and parents of citizens aged 21 or older—benefit from an unlimited number of visas each year. This means they are not subject to numerical caps and usually experience shorter processing times.
By contrast, the Family Preference Visa category applies to more distant relatives, including adult children and siblings of US citizens, as well as the spouses and children of LPRs. These categories are subject to annual quotas, meaning there are only a limited number of visas available each year. Demand often far exceeds supply, which results in backlogs and significant waiting times for many applicants.
Quota System and Visa Caps
Each fiscal year, the US government allocates a minimum of 226,000 visas across the family preference categories. This is a statutory baseline, but the actual number can be higher if unused immediate relative visas from the previous fiscal year are added to the pool. By law, the allocation is also subject to per-country limits, meaning that no single country can use more than 7% of the total visas available in a given year. Applicants from countries with high levels of immigration to the US, such as Mexico, the Philippines, India, and China, often face much longer waiting periods due to oversubscription.
The Department of State publishes the Visa Bulletin every month, which announces which priority dates are current and which applicants are eligible to proceed with their immigrant visa applications. The Bulletin contains two charts for family-sponsored visas: “Dates for Filing” (which allows submission of documents earlier) and “Final Action Dates” (which determine when visas can actually be issued).
Why the Family Preference System Exists
The system attempts to strike a balance between preserving family unity and controlling the overall level of immigration. While immediate relatives are prioritised as a matter of policy, the family preference structure ensures that other relatives of citizens and LPRs also have a path to lawful permanent residence, albeit a slower and more restricted one.
Section A Summary
The Family Preference Visa system is central to family-based immigration in the United States. Unlike immediate relative visas, family preference visas are subject to annual quotas and per-country limits, creating long wait times in many categories. Understanding the distinction between immediate relative and preference categories, as well as the role of visa caps and the Visa Bulletin, is crucial for petitioners and beneficiaries navigating the process.
Section B: Categories of Family Preference Visas
The Family Preference system is divided into several subcategories, each covering a specific type of relationship between the petitioner (the US citizen or lawful permanent resident) and the beneficiary (the family member seeking immigration). Each preference level has a distinct visa allocation and a priority in processing.
1. F1 – Unmarried Sons and Daughters of US Citizens
The F1 category is reserved for unmarried sons and daughters of US citizens who are 21 years of age or older. It does not include younger children, as they fall into the immediate relative category. Beneficiaries in this group are often subject to lengthy waits, particularly from high-demand countries, as the quota is limited compared to demand.
2. F2A – Spouses and Minor Children of Lawful Permanent Residents
The F2A category applies to spouses and unmarried children under 21 of lawful permanent residents (green card holders). This is one of the more favourable categories in terms of processing times, as it has a relatively high allocation of visas compared to demand. In some years, the F2A category has even been “current” in the Visa Bulletin, meaning there is no waiting list for applicants.
3. F2B – Unmarried Sons and Daughters (21 or Older) of Lawful Permanent Residents
The F2B preference is for unmarried adult sons and daughters (aged 21 or older) of LPRs. This category is subject to longer waiting times compared with F2A, reflecting both the lower number of visas allocated and the higher demand among applicants.
4. F3 – Married Sons and Daughters of US Citizens
The F3 category applies to married sons and daughters of US citizens, regardless of age. Because this preference covers a broader group, and because demand is consistently high, applicants in this category face some of the longest backlogs in the system. The waiting period for applicants from oversubscribed countries can extend to well over a decade.
5. F4 – Brothers and Sisters of US Citizens
The F4 category is for brothers and sisters of US citizens, provided the petitioner is at least 21 years old. This category is particularly oversubscribed, as many citizens wish to bring siblings to the United States. Wait times for F4 applicants can be especially long, often stretching decades in some countries.
Section B Summary
The Family Preference system is divided into five categories—F1, F2A, F2B, F3, and F4—each reflecting a specific relationship between petitioner and beneficiary. While F2A generally benefits from shorter waits, other categories such as F3 and F4 can involve extremely long delays due to oversubscription. Knowing the correct category is vital, as it determines both eligibility and the likely timeframe for securing permanent residency.
Section C: Eligibility & Application Process
Applying for a Family Preference Visa involves two main parties: the petitioner (a US citizen or lawful permanent resident who is sponsoring their relative) and the beneficiary (the family member who wishes to immigrate). The process requires demonstrating both the qualifying family relationship and that the applicant meets all admissibility requirements under US immigration law.
1. Filing Form I-130 (Petition for Alien Relative)
The process begins when the petitioner files Form I-130, Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between the petitioner and the beneficiary. Supporting evidence, such as birth certificates, marriage certificates, and proof of the petitioner’s US citizenship or lawful permanent residence, must be provided.
Once USCIS approves the petition, the case is forwarded to the National Visa Center (NVC) for further processing. Importantly, the priority date is set at the time the I-130 is filed, and this date determines the applicant’s place in the visa queue. The NVC does not begin full processing until the priority date is close to becoming current, which can mean years of waiting before the next step.
2. Role of the Petitioner and Beneficiary
The petitioner is responsible for proving the family relationship and agreeing to financially support the beneficiary, while the beneficiary must demonstrate they are admissible to the United States. If the petitioner is only a lawful permanent resident, they must maintain that status throughout the process until the beneficiary immigrates. If the petitioner naturalises as a US citizen during the process, the beneficiary may shift to a faster category, or in some cases (spouse or child under 21), become eligible for an Immediate Relative visa without numerical limits.
3. National Visa Center (NVC) Processing
Once the I-130 is approved and the priority date is close to becoming current, the NVC contacts the petitioner and beneficiary to begin visa processing. This includes submission of the Form DS-260 (Immigrant Visa Application), civil documents (such as police certificates, passports, and birth records), and the Affidavit of Support. The NVC ensures that all required documentation and fees are complete before scheduling a consular interview.
4. Affidavit of Support (Form I-864)
US immigration law requires petitioners to submit an Affidavit of Support (Form I-864), showing they have the financial means to support the beneficiary at a level above 125% of the Federal Poverty Guidelines. For petitioners serving on active duty in the US military who are sponsoring a spouse or child, the requirement is reduced to 100% of the poverty guidelines. This binding contract obligates the petitioner to support the immigrant until they become a US citizen, have worked for 40 qualifying quarters, or can otherwise support themselves. In some cases, a joint sponsor may be allowed.
5. Medical Exams, Biometrics, and Consular Interview
Before receiving an immigrant visa, the beneficiary must undergo a medical examination with an authorised physician and provide biometrics if required. The final stage is the consular interview at a US embassy or consulate. A consular officer reviews the case, asks questions about the relationship and eligibility, and makes a decision on whether to issue the visa. If approved, the beneficiary receives an immigrant visa in their passport and can enter the United States as a permanent resident.
Section C Summary
The application process for a Family Preference Visa requires careful coordination between the petitioner and beneficiary. It begins with filing Form I-130, continues through NVC processing, and culminates in a consular interview. Key requirements include establishing the family relationship, submitting the Affidavit of Support, and completing medical and security checks. Since the process can take years, depending on priority dates and visa availability, planning and accurate documentation are critical.
Section D: Priority Dates, Backlogs & Processing Times
A defining feature of the Family Preference Visa system is the backlog caused by limited annual visa numbers. To manage this demand, the US government uses the concept of priority dates and the monthly Visa Bulletin, which together dictate when an applicant can proceed with their immigrant visa application.
1. Understanding the Visa Bulletin
The Department of State issues a monthly Visa Bulletin, which provides cut-off dates for each family preference category and for applicants from oversubscribed countries. The Bulletin includes two charts: “Dates for Filing,” which allows applicants to submit required documents earlier, and “Final Action Dates,” which determine when visas can actually be issued.
2. Country-Specific Limits and Oversubscription
US immigration law imposes per-country limits, meaning that no single country can receive more than 7% of the available family-sponsored visas in a given year. This rule disproportionately affects applicants from high-demand countries such as Mexico, the Philippines, India, and China, where demand exceeds the annual cap. As a result, backlogs in these countries can be measured in decades.
3. How to Check and Track Priority Dates
The priority date is the date the I-130 petition is filed. Applicants can track progress by comparing their priority date with the cut-off date listed in the Visa Bulletin for their category and country. If their date is earlier than the published cut-off, the visa is considered available, and the case can move forward.
4. Typical Processing Times and Delays
Processing times vary greatly by category and country. For example:
- F2A (spouses and children of LPRs) may be relatively quick, sometimes only a few months to a few years.
- F1, F2B, and F3 categories often involve waits ranging from 5 to 15 years.
- F4 (siblings of US citizens) is among the slowest, with waits of 15 to 20 years or more in some countries.
Delays are also caused by administrative processing, document backlogs at the NVC, and changes in demand across categories.
5. Strategies for Managing Long Waits
Applicants facing long waits should:
- Regularly check the Visa Bulletin to monitor priority date movements.
- Ensure all documentation is up to date so the case can move quickly once the date becomes current.
- Consider alternative immigration routes if eligible, such as employment-based visas.
- Seek legal advice if there are unusual delays, denials, or changes in family circumstances (for example, if the petitioner naturalises, the beneficiary may shift to a faster category).
Section D Summary
The Family Preference Visa process is heavily influenced by the quota system, which creates long backlogs for many applicants. Priority dates, as published in the Visa Bulletin, are the key to understanding when a case can proceed. While some categories like F2A may move quickly, others such as F3 and F4 often take decades. Careful monitoring and preparation are essential to avoid additional delays once a visa becomes available.
FAQs
What is the difference between an Immediate Relative Visa and a Family Preference Visa?
Immediate Relative visas are available to the closest family members of US citizens, including spouses, unmarried children under 21, and parents. These visas are not subject to numerical limits, so they are generally faster to process. Family Preference visas, by contrast, cover more distant relationships—such as adult children and siblings—and are subject to strict annual quotas, which creates long waiting times.
How long does it take to get a Family Preference Visa?
The timeframe depends on the category and the applicant’s country of origin. While F2A petitions may sometimes be processed in as little as one to two years, F3 and F4 petitions can take 15 to 20 years or longer, particularly for applicants from oversubscribed countries.
Can a green card holder sponsor siblings?
No. Only US citizens aged 21 or older can sponsor their brothers and sisters under the F4 category. Lawful permanent residents cannot sponsor siblings for immigration purposes.
Can priority dates move backward?
Yes. This is known as retrogression. If visa demand in a category or from a particular country suddenly increases, the Department of State may move the cut-off dates backward to keep visa issuances within the annual quota. Retrogression can prolong the waiting period even after a case appears close to completion.
What happens if my petitioner dies before my case is approved?
In general, if the petitioner dies, the I-130 petition is automatically revoked. However, in certain cases, the beneficiary may be able to request relief through humanitarian reinstatement if they can show compelling circumstances and that another qualifying relative in the United States is willing to act as a financial sponsor. In addition, under INA §204(l), certain beneficiaries who were residing in the United States at the time of the petitioner’s death may continue with their applications as “surviving relatives.”
Conclusion
The Family Preference Visa system plays a vital role in maintaining family unity within the framework of US immigration law. While immediate relatives of US citizens have priority through unlimited visa availability, the family preference categories provide a structured route for more extended family members of both citizens and lawful permanent residents.
Applicants should be prepared for significant waiting times due to strict annual quotas and country-specific limits. For many, the process will involve years—sometimes decades—of waiting before a visa number becomes available. Because of this, understanding the category under which a family member qualifies and keeping track of priority dates through the Visa Bulletin is essential.
Petitioners and beneficiaries must also ensure that all forms, supporting documents, and financial requirements are satisfied at every stage of the process. Mistakes or missing information can lead to unnecessary delays. Given the complexity of the system and the potential for long waits, many families benefit from obtaining professional immigration advice to help navigate the process and explore alternative options where available.
Ultimately, while the Family Preference Visa pathway is often slow and challenging, it provides a lawful route for families to reunite in the United States. Careful preparation, patience, and monitoring are the keys to successfully managing the process.
Glossary
| Term | Meaning |
|---|---|
| Immediate Relative Visa | A visa category with no annual cap for close family members of US citizens, such as spouses, children under 21, and parents. |
| Family Preference Visa | A visa category with annual numerical limits for more distant relatives, including adult children and siblings. |
| Priority Date | The date on which Form I-130 is filed; it determines the applicant’s place in the visa queue. |
| Affidavit of Support (Form I-864) | A legally binding contract in which the petitioner agrees to financially support the immigrant until self-sufficiency is achieved. |
| Visa Bulletin | A monthly publication from the US Department of State showing which priority dates are eligible for visa processing, with separate charts for filing and final action. |
| Retrogression | The process by which visa cut-off dates in the Visa Bulletin move backward due to excess demand. |
| National Visa Center (NVC) | The government agency responsible for processing immigrant visa applications after USCIS approves the I-130 petition. |
| INA §204(l) Relief | A statutory provision allowing certain beneficiaries to continue applications after a petitioner’s death if they resided in the US at the time. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Family-Based Immigration | https://www.uscis.gov/family |
| USCIS – Form I-130, Petition for Alien Relative | https://www.uscis.gov/i-130 |
| USCIS – Affidavit of Support (Form I-864) | https://www.uscis.gov/i-864 |
| US Department of State – Visa Bulletin | https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html |
| US Department of State – Family Immigration Process | https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-immigrant-visa.html |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.