Lawful Permanent Residence for Family-Based Immigrants
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents (LPRs) to petition to the US government for a Green Card based on specific family relationships.
Immediate Relatives of US Citizens
If you are an immediate relative of a U.S. citizen, you can get a Green Card based on your family relationship if you meet certain eligibility requirements.
You qualify as an immediate relative if you are:
• The spouse of a U.S. citizen,
• The unmarried child under 21 years of age of a U.S. citizen, or
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
There is one important caveat for spouses or children of a US citizen’s immediate relative. Such foreign nationals cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. Spouses or children of a US citizen’s immediate relative must independently qualify for a Green Card and file their own individual application.
Family “Preference Immigrant” Categories
The US government classifies other family members eligible to apply for a Green Card in the following family “preference immigrant” categories:
- First preference (F1) Unmarried sons and daughters (21 years of age and older) of US citizens
- Second preference (F2A) Spouses and children (unmarried and under 21 years of age) of lawful permanent residents
- Second preference (F2B) Unmarried sons and daughters (21 years of age and older) of lawful permanent residents
- Third preference (F3) Married sons and daughters of U.S. citizens
- Fourth preference (F4) Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older)
