Immediate relatives of U.S. citizens do not wait for a visa number, because USCIS says their immigrant visas "are unlimited, so the visas are always available." Family preference categories are a separate list, where visas are limited and a visa has to be available for your preference category before you can get one. USCIS says that when demand is higher than the supply of visas, a visa queue, or waiting list, forms.
Who is an immediate relative
USCIS says "You are an immediate relative if you are:" and lists three groups:
- The spouse of a U.S. citizen.
- The unmarried child under 21 years of age of a U.S. citizen.
- The parent of a U.S. citizen, if the U.S. citizen is 21 years of age or older.
The category depends on the relationship and on the sponsor's status. The immediate relative list names only relatives of U.S. citizens, so a spouse of a lawful permanent resident is not on it. USCIS's family preference page lists "spouses and children (unmarried and under 21 years of age) of lawful permanent residents" as the F2A category.
The family preference categories
USCIS lists these preference categories for family-based immigrants:
| Category | Who USCIS lists |
|---|---|
| F1 (first preference) | Unmarried sons and daughters (21 years of age and older) of U.S. citizens |
| F2A (second preference) | Spouses and children (unmarried and under 21 years of age) of lawful permanent residents |
| F2B (second preference) | Unmarried sons and daughters (21 years of age and older) of lawful permanent residents |
| F3 (third preference) | Married sons and daughters of U.S. citizens |
| F4 (fourth preference) | Brothers and sisters of U.S. citizens, if the U.S. citizen is 21 years of age and older |
USCIS sends spouses, minor children and parents of U.S. citizens to the immediate relative page rather than to this list.
Why one group waits and the other does not
USCIS explains the difference in a sentence: for immediate relatives of U.S. citizens, visas are unlimited. For preference categories, USCIS says family-sponsored preference visas are limited each year, and that when demand is higher than supply a waiting list forms.
The place in line is set by a priority date. USCIS says the Department of State "uses the priority date to determine an immigrant's place in the visa queue." USCIS says a visa is available to you when your priority date is earlier than the cut-off date shown for your preference category. We explain the dates in our priority date guide.
The Department of State publishes the Visa Bulletin each month. USCIS refers to the "Application Final Action Dates" and "Dates for Filing Applications" charts in the bulletin. We list the latest dates on our Visa Bulletin page. Do not treat any number from a third-party site as official; use the bulletin itself or USCIS's instructions for which chart to use.
What this means for filing the I-485
For both groups, the sponsoring relative files Form I-130, Petition for Alien Relative, which USCIS says is for a petitioner who is a U.S. citizen, lawful permanent resident, or U.S. national. The rules for the next step differ:
- Immediate relatives: USCIS says an immigrant visa is always available, and the I-485 can be filed with the I-130, while it is pending, or after it is approved and remains valid.
- Preference categories: USCIS says an immigrant visa must be immediately available to you at the time you file your I-485, and it must also be available when USCIS makes its final decision.
Our page on Form I-130 covers the petition itself. See also our guide to what the I-130 and I-485 each do.
What preference applicants can do while waiting to adjust
USCIS says a visa must be immediately available to you when you file Form I-485, among other requirements. The page adds that if you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. A derivative applicant is a family member who applies based on the principal applicant's case.
USCIS also says that, generally, when you have a pending I-485 you may apply for employment authorization by filing Form I-765, and you may apply for an advance parole document by filing Form I-131. USCIS adds that, generally, if you have a pending I-485 and leave the United States without an advance parole document, it will consider your I-485 abandoned. Our Form I-765 page and Form I-131 page have more on those forms.
People outside the United States follow a different route. USCIS refers them to its consular processing page. That page says the Department of State's National Visa Center collects fees and documents, and that once the priority date is current or a visa is available, "the consular office will schedule you for an interview."
Can a person move from one category to another?
That is a question about a specific case, and a licensed immigration attorney is the right person to ask. The pages we reviewed for this article do not describe how a change of citizenship, age or marital status affects a pending petition, so it does not either.
Common questions
Is the spouse of a green card holder an immediate relative?
No. USCIS's immediate relative list names only relatives of U.S. citizens. USCIS's family preference page lists spouses and children (unmarried and under 21 years of age) of lawful permanent residents under the F2A category.
Why do immediate relatives not wait for a visa number?
USCIS says immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.
What does the Visa Bulletin do?
USCIS says the monthly Department of State Visa Bulletin summarizes the availability of immigrant visas.
Where do I check my place in line?
USCIS says a visa is available when your priority date is earlier than the cut-off date shown for your preference category. The official source for those dates is the Department of State's Visa Bulletin.
Official sources
- USCIS: Green Card for Immediate Relatives of U.S. Citizen
- USCIS: Green Card for Family Preference Immigrants
- USCIS: Visa Availability and Priority Dates
- USCIS: I-130, Petition for Alien Relative
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.