Family-based petitions can be divided into two categories:

immediate relatives and non-immediate relatives.

Immediate relatives include:

A spouse of a U.S. citizen (IR1); Unmarried children under 21 years of age of a U.S. citizen (IR2); and Parents of a U.S. citizen if the U.S. citizen is 21 years of age or older (IR5).

Non-immediate relatives include:

Unmarried sons and daughters of U.S. citizens (F1); Spouses and children of permanent residents (F2A); Unmarried sons and daughters of permanent residents (F2B); Married sons and daughters of U.S. citizens (F3); and Brothers and sisters of U.S. citizens (F3). One major difference between immediate relative and non-immediate relative petitions is that immediate relatives do not need to wait for a visa to become available to them after their Form I-130 is approved before applying for a green card, whereas non-immediate relatives must wait until their priority date of their approved Form I-130 becomes current before they can apply for their green card. Another major difference between the two categories is that immediate relative petitions do not allow for derivative beneficiaries, whereas non-immediate relative petitions do. Contact us to assist you with determining whether you qualify for an immediate or non-immediate relative petition and whether you can obtain a green card through the family.