There are two groups of family based immigrant visa categories: Immediate Relatives and Family Preference.

Immediate Relative Immigrant Visas are based on a close family relationship with a United States citizen (not a Lawful Permanent Resident). The number of immigrants in these categories is not limited each fiscal year. An “Immediate Relative” for immigration purposes is one of the following:

  • Spouses of U.S. citizens (including same sex spouses)

  • Unmarried children (under 21 years of age) of U.S. citizens

  • Orphan adopted abroad by a U.S. Citizen

  • Orphan to be adopted in the U.S. by a U.S. citizen

  • Parent of a U.S. citizen (U.S. citizen child must be at least 21 years of age)

Although a fiance(e) does not fall into any of the above categories, a U.S. citizen can file for a fiancé(e) through a different visa process. A Lawful Permanent Residents cannot file for a fiancé(e).

Family Preference Immigrant Visas are available for certain, more distant, family relationships with a U.S. citizen, as well as some specified relationships with a Lawful Permanent Resident.  The quantity of such visas is limited for each fiscal year. “Family Preference” relatives for immigration purposes include the following:

  • Unmarried son or daughter (age 21 and over) of a U.S. citizen, and their minor children

  • Married son or daughter (age 21 and over) of a U.S. citizen, including their spouses and minor children

  • Brother or sister of a U.S. citizen, including their spouses and minor children, provided the U.S. citizen is at least 21 years of age

  • Spouses of U.S. Lawful Permanent Residents

  • Children of U.S. Lawful Permanent Residents (under 21 years)

  • Unmarried children (over 21 years) of U.S. Lawful Permanent Residents

Note that grandparents, aunts, uncles, nieces, nephews, and cousins cannot sponsor a relative for an immigrant visa.