The United States government limits the number of family based visas and issues them based on a number of factors including the nature of the relationship with a U.S. Citizen or permanent resident, the date a petition was filed asking the INS to issue a visa, and the country of origin of the prospective immigrant.

This system of issuing visas is called the preference system. The preference system describes the relationships which qualify for immigrant visas, and sets limits for how many visas may be issued each year for that category. Certain categories of relatives qualify as "immediate relatives." These include:

• Spouses of U.S. Citizens
• Minor children (under 21) of United States citizens
• Parents of United States citizens, provided the citizen petitioner us at least 21 years of age; and
• Spouses of deceased U.S. citizens married for at least 2 years at the time of their citizen spouses death provided certain other conditions are met.

There is no limit on the number of visas available for immediate relatives. The number of visas actually used for the immigration of immediate relatives is, however, subtracted from the total number of available for the other family preferences, which is currently set at 480,000.

Family Based Immigration Preferences (numerically limited)
The other family based relationships which qualify for an immigrant visa are divided into the following preference categories:

First preference
Unmarried sons and daughters age 21 or older of United States citizens

Second Preference
a.) Spouses or children of an alien lawfully admitted for permanent residency;

b.) Unmarried sons or unmarried daughters of U.S. Permanent residents

Third Preference
Married sons and married daughters of U.S. citizens

Fourth Preference
Brothers and sisters of U.S. Citizens where the U.S. citizen is at least 21 years of age

The spouse or minor child of the alien immigrating under the family based preferences is generally eligible to receive the same visa status if s/he is accompanying or following to join the spouse or parent.

The spouse or minor child of the alien immigrating under the family based preferences is generally eligible to receive the same visa status if s/he is accompanying or following to join the spouse or parent.

Priority Dates
Because visas are limited to the quotas established by Congress, visas are issued on a first come first served basis conditioned on the date the petition was filed by the U.S. citizen or permanent resident spouse, parent, sibling, or child (over 21 years), conditional upon the country to which a visa is charged under the quota system. The date a petition is filed is called the priority date. Each month, the U.S. Department of State publishes the "Visa Bulletin," which describes the current group of individuals whose priority dates have been reached. You can review the current month "Visa Bulletin" by clicking here.

Special Issues
Even in matters which appear to be straightforward like family based immigration, special issues may arise which can adversely affect an individual's ability to immigrate to the United States. These include how the INS assigns country identity (known as quota chargability), where the birth, marriage, or prior divorces took place, the nature of the documents substantiating the relationship, previous organizational affiliations, levels and sources of financial support, age of children at the time the priority date is likely to be reached, step children, illegitimate births, and other factors. Identifying and resolving these potential problems in advance, which can be done by an experienced immigration attorney, can determine whether a family based immigration case is successful. Thomas Bassett and Associates can help you cut through the government red tape so that you can be reunited with your loved ones.

If you would like the assistance of Thomas Bassett and Associates for your family related immigration case, please click here.

In this section also see:

International Adoptions
Employment Based Immigration
Immigrant Visa Processing
Diversity Lottery
Asylum/Refugee