Guide to U.S. Immigration

27. Permanent Residence Based upon Family and Marriage

Non Preference

Non preference family based categories have no quota requirements which means that if the alien qualifies, then the alien may apply for permanent residence without waiting for a visa number in a quota category. The following three categories below are non preference categories.

U.S. Citizen Marriage

If an alien marries a U.S. citizen, then that alien can obtain permanent residence through that marriage. At the time of interview if the marriage was less than two years old, a conditional permanent residence is granted. If the alien is still married to the U.S. citizen after two years from the date of the issuance of the conditional permanent residence, then an full permanent residence is granted.

Child of U.S. Citizen (Under 21 years old)

An alien child under the age of 21 years of age may obtain permanent residence through a U.S. Citizen parent.

Parents of U.S. Citizen

An alien who is the parent of a U.S. citizen may obtain permanent residence through a U.S. citizen child. The U.S. Citizen child must be over 21 years old.

�@

Numerically Limited Family visa categories

The categories listed below are subject to annual limitations on the number of immigrant visas available. The waiting times for each category vary depending on the category and the nationality of the alien.

First Preference - Unmarried Sons and Daughters of U.S. Citizens (Over 21 years old)

An alien who is the unmarried son or daughter of a U.S. citizen may obtain permanent residence through U.S. citizen parents.

Second Preference - Spouses and Unmarried Sons and Daughters of Permanent Residents

This preference is divided into two subcategories. Subcategory 2A are for spouses and children under 21 years old of permanent residents. Subcategory 2B is for unmarried sons and daughters of permanent residents who are over 21 years old.

Third Preference - Married Sons and Daughters of U.S. Citizens

An alien who is the married son or daughter of a U.S. citizen may obtain permanent residence through U.S. citizen parents.

Fourth Preference - Brothers and Sisters of U.S. Citizens

An alien who is the brother or sister of a U.S. citizen may obtain permanent residence through the U.S. citizen brother or sister.