Preference relatives are the family members of a United States citizen who plan to immigrate to the United States based on their family relation with the United States citizen. The preference relative gains a United States visa through their relative, who is called the Lawful Permanent Resident (LPR). The visa granted to the preference relative is limited to a certain number for each fiscal year. The Department of State releases the Visa Bulletin monthly. The Visa Bulletin shows the number of visas granted each fiscal year and the cutoff dates for the immigrant visas for preference relatives. Generally, the preference relatives must wait several years to receive the immigration visa, which is issued based on the priority date determined by the order of petition filed. On top of that, the preference relative’s country of origin may affect the waiting time for the visa.
The four main categories of family preference are:
- 1st preference: Unmarried sons and daughters of a United States citizen of any age
- 2nd preference: Spouses and unmarried sons and daughters of an LPR
- 3rd preference: Married sons and daughters of a United States citizen
- 4th preference: Brothers and sisters of a United States citizen
While a United States citizen may file an immigrant visa petition for their parent, spouse, son or daughter, and brother or sister, a United States Lawful Permanent Resident can only file for their spouses and their unmarried sons or daughters. The United States citizen who files the petition for the immigration is called the immediate relative, compared to the preference relative which refers to certain other relatives under the categories as well as the relatives of the lawful permanent residents.
A United States citizen or a lawful permanent resident must file for a family-based immigration petition. An additional rule may apply for United States citizens filing on behalf of their spouses if the total duration of marriage lasted for less than two years at the time of filing for the application. Also, the preference relatives may not obtain permanent residency until the priority dates are current. However, the immediate relatives need not face wait time for visa availability since they may qualify for filing Form I-485 to adjust their status if in the United States. If the preference relative is outside the United States, then the immigration process for the immigration visa will proceed under the consular processing.
See: Bureau of Consular Affairs, Family Based Immigrants and USCIS, Family of U.S. Citizens
[Last updated in March of 2024 by the Wex Definitions Team]