Family-based immigration is one of the most common ways for individuals to obtain lawful permanent residence (a green card) in the United States. However, not all family relationships are treated the same under U.S. immigration law. The process—and the waiting time—largely depends on whether a family member qualifies as an Immediate Relative or falls under a Family Preference Category.

Understanding the difference between these two classifications is essential for setting realistic expectations and choosing the right immigration strategy.

What Are Immediate Relatives?

Immediate Relatives are close family members of U.S. citizens only. This category is unique because there is no annual cap on the number of green cards issued to Immediate Relatives each year. As a result, these cases are often processed more quickly.

You may qualify as an Immediate Relative if you are:

• The spouse of a U.S. citizen (including same-sex spouses)
• An unmarried child under 21 of a U.S. citizen
• The parent of a U.S. citizen, as long as the citizen is 21 years of age or older

Because visas are always available for Immediate Relatives, eligible individuals can often move forward without lengthy waiting periods once the petition is approved.

What Are Family Preference Categories?

Family Preference Categories apply to certain relatives of U.S. citizens and lawful permanent residents. Unlike Immediate Relatives, these categories are subject to annual numerical limits, which can lead to long waiting times—sometimes lasting years.

Family Preference Categories include:

First Preference (F1)

• Unmarried sons or daughters (21 or older) of U.S. citizens

Second Preference (F2A)

• Spouses and unmarried children under 21 of lawful permanent residents

Second Preference (F2B)

• Unmarried sons or daughters (21 or older) of lawful permanent residents

Third Preference (F3)

• Married sons or daughters of U.S. citizens, including their spouses and children

Fourth Preference (F4)

• Brothers and sisters of U.S. citizens, as long as the citizen is 21 or older

Because these categories are capped, applicants must wait for a visa number to become available based on the Visa Bulletin, which can significantly delay the process.

Why the Difference Matters

The distinction between Immediate Relatives and Family Preference Categories affects:

• How long the process takes
• Whether a visa is immediately available
• When you can file certain applications
• Whether you may qualify for adjustment of status

Immediate Relative cases are typically faster, while Family Preference cases often require patience and careful long-term planning.

Adjustment of Status vs. Consular Processing

Whether you are an Immediate Relative or in a Family Preference Category also impacts how you apply for your green card:

• Immediate Relatives may often apply for adjustment of status if they are eligible and already in the U.S.
• Family Preference applicants usually must wait until their priority date becomes current before moving forward, either through adjustment of status or consular processing abroad

Understanding which process applies to you is critical to avoiding delays or denials.

How an Immigration Attorney Can Help

Family-based immigration cases are rarely simple. Eligibility, prior immigration history, unlawful presence, and procedural requirements can all affect your case. An experienced immigration attorney can:

• Determine your correct category
• Evaluate eligibility for adjustment of status
• Monitor visa availability
• Prepare and submit strong petitions
• Help avoid common mistakes that lead to delays or denials

Family-Based Immigration Attorney in Kansas City, Missouri

At Martinez Immigration Law LLC, our attorneys are experienced in handling family-based petitions across all categories. We take the time to evaluate each family’s unique situation and guide clients through every step of the process—from petition to interview to approval.

Start Planning Your Family’s Immigration Path

Knowing whether your loved one qualifies as an Immediate Relative or under a Family Preference Category can make a meaningful difference in your immigration journey. The right guidance can help you move forward with confidence and clarity.