Those who obtain permanent residence (“green cards”) through family immigration are called “Family Based” immigrants. They are generally petitioned or “sponsored” by a close relative. An underlying concept of U.S. immigration law has historically been the unification or reunification of families. Thus the law reserves a certain number of green cards every year for the close relatives of U.S. citizens and lawful permanent residents. There is no limit or quota on the number of “immediate relatives” of U.S. citizens who can immigrate in any given year.

Immediate relatives are the children under 21 years of age, spouses, and parents of a U.S. citizen. If a U.S. citizen is petitioning for his or her parents, the citizen must be at least 21. The spouse of a U.S. citizen (and his or her children) may still qualify under the “immediate relative” category even if the citizen dies, as long as the marriage had lasted at least 2 years and the couple was not legally separated at the time of death. In this situation, the appropriate self-petition must be filed within 2 years after the U.S. citizen’s death and remarriage prior to INS granting lawful residence will terminate “immediate relative” eligibility.

The Family Based preferences or categories set forth the classification of each relative of a U.S. citizen or lawful permanent resident who is eligible for immigrant status.