Family Based

Eligibility

Foreign individuals who have close family ties to a U.S. citizen or Lawful Permanent Resident (LPR) may meet the requirements to apply for permanent residency through a family-based petition. They can choose to pursue either consular processing in their home country or adjustment of status if they are currently in the United States, provided that a visa is immediately available.

Immediate Relatives

Immediate relatives of U.S. citizens have a unique advantage compared to other close family members of U.S. citizens or LPRs. Immediate relatives are not subject to numerical restrictions and can immigrate to the United States without facing any wait times. Immediate relatives include:

  • Spouses of U.S. citizens
  • Unmarried children under 21 years of age of U.S. citizens
  • Parents of U.S. citizens (if the U.S. citizen is 21 years of age or older)

For spouses and unmarried children under 21 years of age of lawful permanent residents (Second Preference A – F2A), there is currently no wait time. This means they are eligible to apply for adjustment of status concurrently if they entered the United States legally or for consular processing immediately after the I-130 petition is approved. They can take advantage of this opportunity to obtain permanent resident status.