Understanding Family First Preference in U.S. Immigration Law

Definition & Meaning

The Family First Preference category is a specific classification within U.S. immigration law that allows U.S. citizens to sponsor certain family members for permanent residency. This category is limited to unmarried sons and daughters of U.S. citizens who are 21 years of age or older, as well as their children. The Family First Preference Green Cards are issued to:

  • Unmarried children (21 years or older) of U.S. citizens.
  • Unmarried stepchildren (21 years or older) of U.S. citizens, provided the marriage occurred before the stepchild's 18th birthday.
  • U.S. citizens who wish to sponsor their unmarried foreign-born children (21 years or older) for a Green Card.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: John is a U.S. citizen who wants to bring his 22-year-old unmarried son, Alex, from Mexico to live in the U.S. John can file a petition under the Family First Preference category.

Example 2: Maria, a U.S. citizen, married a foreign national who has a 21-year-old child from a previous relationship. Since the marriage occurred before the child's 18th birthday, Maria can sponsor her stepchild for a Green Card. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Family Second Preference Category for married children of U.S. citizens. Applies to married children rather than unmarried ones.
Immediate Relative Category for spouses and minor children of U.S. citizens. Includes spouses and children under 21, offering no annual cap on visas.

What to do if this term applies to you

If you are a U.S. citizen with an unmarried child who is 21 years or older, you can start the Green Card application process by filing the appropriate forms with USCIS. Consider using US Legal Forms for ready-to-use legal templates that can simplify this process. If your situation is complex or you need personalized assistance, consulting a legal professional is advisable.

Quick facts

  • Eligibility: Unmarried children of U.S. citizens aged 21 or older.
  • Application process: Involves filing a petition with USCIS.
  • Visa cap: Subject to annual limits.

Key takeaways

Frequently asked questions

It is a category that allows U.S. citizens to sponsor their unmarried children who are 21 years or older for a Green Card.