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The Preference System
Every year, the U.S. Congress sets aside over 400,000 visas for family members of U.S. citizens and lawful permanent residents. The five preference categories are:
1. Unmarried children of any age of a U.S. citizen
2A. Spouses and unmarried children under the age of 21 of a permanent resident
2B. Unmarried children age 21 or older of a permanent resident
3. Married children of any age of a U.S. citizen
4. Brothers and sisters of a U.S. citizen if the U.S. citizen is 21 or older
The available visas are divided among each foreign country, and each preference category every year. When any preference category from one country is filled, no more visas are available for immigrants in that preference category from that country for that year.
A person who immigrates through the preference system can bring his or her spouse and children to the United States as well. The spouse and children are called "derivative beneficiaries," and will become permanent residents once they are admitted to the United
States.
The Process
First, the U.S. citizen or permanent resident files a visa petition for the foreign relative, called a Form I-130. Once the petition is approved, the foreign relative waits for a visa to become available. When the visa is available, the foreign relative applies at the U.S. consulate in his or her country. After obtaining the visa, the foreign relative goes to a U.S. port of entry to allow a CBP official to decide whether he or she is admissible to the United States.
