Family-Sponsored Preference Categories

1. What are family-sponsored preference categories?


Family-sponsored preference categories are categories of immigrants who are sponsored by family members already living in the United States. The categories include: Unmarried sons and daughters (21 years of age or older) of U.S. citizens, spouses, children and unmarried sons and daughters of permanent residents, married sons and daughters of U.S. citizens, brothers and sisters of adult U.S. citizens, and certain other family members of U.S. citizens or permanent residents.

2. What documents do I need to apply in a family-sponsored preference category?


In order to apply for a family-sponsored preference category, you will need to provide documentation such as a valid, original passport, birth certificate, marriage certificate (if applicable), evidence of financial support, proof of family relationship, and evidence of any employment or other income. You may also be required to provide additional documents depending on your specific circumstances.

3. Are all family-sponsored preference categories the same?


No, not all family-sponsored preference categories are the same. Each category has different criteria for eligibility and different wait times to obtain a visa.

4. How do I qualify for a family-sponsored preference category?


To qualify for a family-sponsored preference category, you must have a close relative who is a U.S. citizen or lawful permanent resident (LPR). The specific requirements vary depending on which category you are applying under. In general, you must prove that you have the required relationship to the U.S. citizen or LPR, and show that the relationship meets all the requirements of the particular immigration category you are seeking.

5. How long does it take to process a family-sponsored preference category application?


The processing time for a family-sponsored preference category application varies depending on the specific category and the applicant’s country of origin. Generally, the processing times range from 6 months to 5 years.

6. Who is eligible for the family-sponsored preference categories?


The family-sponsored preference categories are for foreign nationals who wish to become permanent residents of the United States and have existing close family ties in the U.S. The categories are divided into four groups, based on the relationship between the petitioner and the beneficiary: First Preference (F1) – Unmarried sons and daughters of U.S. citizens, Second Preference (F2) – Spouses, minor children, and unmarried adult sons and daughters of permanent residents, Third Preference (F3) – Married sons and daughters of U.S. citizens, and Fourth Preference (F4) – Brothers and sisters of U.S. citizens.

7. What are the different types of family-sponsored preference categories?


The different types of family-sponsored preference categories are:
1. Immediate relative (IR) category
2. Family First Preference (F1)
3. Family Second Preference (F2)
4. Family Third Preference (F3)
5. Family Fourth Preference (F4)

8. How is priority date determined for family-sponsored preference categories?


The priority date for family-sponsored preference categories is determined by the date the petition was properly filed with U.S. Citizenship and Immigration Services (USCIS). The priority date is the day that USCIS receives the completed petition, not the day the petitioner submitted it.

9. Are there any special requirements for family-sponsored applications?


Yes, there are special requirements for family-sponsored applications, including proof of family relationship, financial support, and eligibility for the immigration category. Additionally, the family members sponsoring the application must meet certain financial requirements.

10. What is a correct filing for a family-sponsored preference category?


A correct filing for a family-sponsored preference category would include form I-130, Petition for Alien Relative; form I-485, Application to Register Permanent Residence or Adjust Status; and supporting documentation such as a birth certificate, marriage certificate, and other forms of identity verification.

11. How do I check my status for a family-sponsored preference category application?


You can check the status of your family-sponsored preference category application by logging into your USCIS account. If you do not have an account, you can create one at https://myaccount.uscis.dhs.gov/. Once logged in, you can check the status of your application and see any updates or requests for additional information. You may also be able to find out the status of your application by calling the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833).

12. Are there any restrictions on who can sponsor an immigrant in the family-sponsored preference category?


Yes, there are restrictions on who can sponsor an immigrant in the family-sponsored preference category. In general, only a US citizen or lawful permanent resident (LPR) can be a sponsor for a family-based immigrant visa. In some cases, a US citizen can be a substitute sponsor if the original sponsor is deceased or unable to fulfill his or her obligations. The sponsor is responsible for submitting an Affidavit of Support (Form I-864) and providing financial support for the sponsored immigrant. The sponsor must meet certain income requirements, and must be at least 18 years of age.

13. Are there any fees associated with filing for a family-sponsored preference category?


Yes, there are fees associated with filing for a family-sponsored preference category. The filing fee for Form I-130 is $535, and the application fee for Form I-485 is $1,140. Additional fees may apply for biometrics services and other additional forms.

14. Does my country of origin affect my eligibility for a family-sponsored preference category?


Yes, depending on the country of origin and the family-sponsored preference category. It is important to review the specific eligibility criteria for each preference category to determine if the country of origin is a factor.

15. Are there any benefits or incentives associated with filing in a family-sponsored preference category?


Yes, benefits and incentives may be associated with filing in a family-sponsored preference category. The most common benefits and incentives are: priority processing, extended visa validity period, and the ability to waive certain visa requirements. Other incentives may include access to special programs designed to expedite the immigration process, increased employment opportunities, and special tax benefits.

16. What is the difference between immediate relatives and other family-sponsored preference categories?


Immediate relatives are family members who are eligible for legal permanent residency in the United States without the need to wait in line for a visa. Immediate relatives include the spouse, unmarried minor children, and parents of a U.S. citizen.

Other family-sponsored preference categories are members of the family of a U.S. citizen or a Legal Permanent Resident who don’t qualify as immediate relatives. These categories include unmarried sons and daughters (over 21 years old) of U.S. citizens, married sons and daughters of U.S. citizens, brothers and sisters of U.S. citizens (over 21 years old), and spouses and unmarried children of Legal Permanent Residents, among others. Unlike immediate relatives, these family members must wait in line for a visa to become available before they can gain legal permanent residency in the United States.

17. What happens if an application is denied in a family-sponsored preference category?


If an application is denied in a family-sponsored preference category, the applicant may be able to appeal the decision or reapply with additional documentation. The applicant should contact the U.S. Citizenship and Immigration Services for more information on how to proceed.

18. What is the difference between the Family Fourth and Fifth Preference Categories?


The Family Fourth Preference (F4) category is for siblings of U.S. citizens who are at least 21 years old. This category has a long wait time due to visa limitations. The Family Fifth Preference (F5) category is for adult unmarried children of U.S. citizens, and does not have as long of a wait time as the F4 category due to higher visa availability.

19. Does having U.S. citizenship or permanent residency make someone ineligible for a family-sponsored preference category?


No, having U.S. citizenship or permanent residency does not make someone ineligible for a family-sponsored preference category. A foreign national may be eligible for a family-sponsored preference category even if they are a U.S. citizen or permanent resident.

20. Are there any countries that are not eligible for a family-sponsored preference category application?


Yes, some countries are not eligible for a family-sponsored preference category application. These countries include Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and Vietnam.