Immediate relative or family preference: which family green card category applies?

Who is an immediate relative?

Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (INA) defines immediate relatives as the children, spouses and parents of a US citizen, with parents counting only if the citizen is at least 21. A “child” here means unmarried and under 21.

• The spouse of a US citizen.
• An unmarried child under 21 of a US citizen.
• A parent of a US citizen who is 21 or older.
• A widow or widower of a US citizen who was not legally separated from the citizen at death, if they file their own petition within two years of the death and only until they remarry.

Sources: INA 201(b)(2)(A)(i) and (c), 8 U.S.C. 1151; USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section C

What “no annual limit” means

Immediate relatives are outside the worldwide levels and numerical limits in INA 201(a). USCIS says their visas are unlimited and always available, so they never wait for a priority date to become current. The rest of the process still applies: the relationship must be proved, the person must be admissible, and the case still goes through USCIS and then a consulate or adjustment of status.

Immediate relatives still affect everyone else. INA 201(c) starts the family-sponsored level at 480,000 and subtracts the number of immediate relatives who immigrated the previous year, though the level can never fall below 226,000.

Sources: USCIS: Green Card for Immediate Relatives of U.S. Citizen; INA 201(b)(2)(A)(i) and (c), 8 U.S.C. 1151

The four family preference categories

INA 203(a) gives each preference category an annual maximum, and unused numbers pass between categories as the statute describes:

• F1: unmarried sons and daughters, 21 or older, of US citizens. Up to 23,400 a year, plus numbers F4 does not need.
• F2A: spouses and unmarried children under 21 of permanent residents. F2B: unmarried sons and daughters, 21 or older, of permanent residents. F2 together gets up to 114,200, plus any amount by which the family level exceeds 226,000, plus numbers F1 does not use; at least 77 percent goes to F2A.
• F3: married sons and daughters of US citizens. Up to 23,400, plus numbers F1 and F2 do not use.
• F4: brothers and sisters of US citizens, if the citizen is at least 21. Up to 65,000, plus numbers F1 to F3 do not use.

Sources: USCIS: Green Card for Family Preference Immigrants; INA 203(a), 8 U.S.C. 1153(a)

Who can petition for whom

The petitioner’s own status decides which categories are open. A US citizen can petition for immediate relatives and for F1, F3 and F4 relatives. A permanent resident (green card holder) can petition only in F2A and F2B: a spouse and unmarried children. No category above covers a permanent resident’s parents, married children or siblings. No category lets a citizen petition directly for grandparents, aunts, uncles, cousins or in-laws.

Sources: USCIS: Green Card for Family Preference Immigrants; INA 201(b)(2)(A)(i) and (c), 8 U.S.C. 1151

What the petitioner files

In both groups, the US citizen or permanent resident relative (the petitioner) files Form I-130, Petition for Alien Relative, with USCIS for the relative (the beneficiary). A widow or widower of a US citizen files their own petition on Form I-360 instead. For a preference case, the date the I-130 is properly filed becomes the priority date, the beneficiary’s place in line.

Later, the petitioner usually also signs Form I-864, the affidavit of support. 8 CFR 213a.2 requires it for both immediate relatives and family preference immigrants, with limited exemptions.

Sources: USCIS: Consular Processing, step 2; USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section C; 8 CFR 213a.2(a)(2)(i)(A) and (B)

Applying inside the United States: the differences

If the beneficiary is in the United States, the category changes what adjustment of status (Form I-485) allows:

• Timing of the I-485. An immediate relative can file it with the I-130, while the I-130 is pending or after it is approved. A preference beneficiary can file only when a visa is immediately available under the Visa Bulletin.
• Status history. INA 245(c)(2) bars people who worked without authorization, were out of status at filing or did not keep lawful status continuously since entry, but not immediate relatives. Preference applicants must show they have kept lawful status since arriving.
• Visa Waiver entries. INA 245(c)(4) bars people admitted without a visa under the Visa Waiver Program from adjusting, except immediate relatives.

Sources: USCIS: Green Card for Immediate Relatives of U.S. Citizen; USCIS: Green Card for Family Preference Immigrants; INA 245(c), 8 U.S.C. 1255(c)

Family members of the beneficiary

Preference beneficiaries can bring their own spouse and unmarried children under 21 as derivatives on the same petition, with the same priority date. Immediate relatives cannot. USCIS says the spouse or child of an immediate relative has to qualify independently and file their own application, which usually means a separate petition.

Sources: USCIS: Green Card for Immediate Relatives of U.S. Citizen; USCIS: Green Card for Family Preference Immigrants

When ages and marriages change the category

• For a child of a US citizen, age is fixed on the date the I-130 is filed (INA 201(f)(1)), so a child who turns 21 while the case is pending stays an immediate relative.
• When a permanent resident petitioner naturalizes, an F2A petition for a spouse, or for a child who is under 21 on the naturalization date, becomes an immediate relative petition; an F2B petition becomes F1 (INA 201(f)(2); 8 CFR 204.2(i)(3)).
• When a married son or daughter of a citizen (F3) divorces or is widowed, the petition converts to F1, or to immediate relative if the person is under 21 on the date the marriage ends (INA 201(f)(3)).
• In F2A, and for derivative children, the Child Status Protection Act (CSPA) age is the age when a visa number becomes available minus the time the petition was pending. It counts only if the child seeks permanent residence within one year of availability. If the CSPA age is 21 or over, INA 203(h)(3) provides for the petition to convert to the appropriate category, keeping its priority date, where one exists; the Policy Manual says conversion applies only in some instances.
• A child who marries is no longer a “child”, so an immediate relative child of a citizen becomes F3.

Sources: INA 201(f), 8 U.S.C. 1151(f); INA 203(h), 8 U.S.C. 1153(h); INA 203(a), 8 U.S.C. 1153(a); USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section C

Fees

USCIS says certain forms, including Form I-485, have a filing fee, and points to its fee schedule. As of Form G-1055 edition 10/16/26, Form I-130 costs $675 on paper or $625 online, and Form I-485 costs $1,440 on paper or $1,390 online for applicants 14 or older; check the current edition before filing. The consular-stage government fees are the same for both groups and are listed in our immigrant visa fees guide. Fees change, and lawyer fees, translations and travel are separate costs.

Sources: USCIS: Green Card for Immediate Relatives of U.S. Citizen; USCIS: Form G-1055, Fee Schedule, edition 10/16/26 (Form I-130)

Timing

These official sources give no processing time for the I-130. For immediate relatives, the wait is processing time only. For preference cases, the wait for a visa number depends on the category, the country of chargeability and the priority date, and only the current Visa Bulletin shows where each line stands. This page does not estimate waits.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section C; USCIS: Green Card for Immediate Relatives of U.S. Citizen

Common misunderstandings

• A US citizen’s married child is not an immediate relative; they are F3.
• A permanent resident cannot petition for a parent or sibling.
• Including a spouse or child “on” an immediate relative petition does not work; each needs their own basis.
• Being a parent of a US citizen counts only once the citizen is 21.

Sources: INA 201(b)(2)(A)(i) and (c), 8 U.S.C. 1151; USCIS: Green Card for Family Preference Immigrants; USCIS: Green Card for Immediate Relatives of U.S. Citizen

How Visa Trouble can help

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