U.S. Family-Based Immigration: A Detailed Guide to Visa Procedures

Family-Based Immigration is the most established route for a foreign national to obtain Lawful Permanent Resident (LPR) status, or a Green Card, in the United States. This complex but rewarding journey is entirely dependent on two primary visa categories and a structured, multi-stage petitioning process overseen by two key government agencies: U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) National Visa Center (NVC).

To be eligible to apply for an Immigrant Visa (IV), a foreign citizen must be sponsored by a qualifying immediate relative who is at least 21 years of age and is either a U.S. Citizen (USC) or a U.S. Lawful Permanent Resident (LPR).

1. The Two Crucial Family Visa Categories

The main difference between the two family visa types lies in whether the visas are numerically limited by Congress each year, which directly impacts how long the beneficiary has to wait.

I. Immediate Relative (IR) Visas

These visas are reserved for the closest family members of a U.S. Citizen. The categories include:

• Spouse (IR-1/CR-1)
• Unmarried Child under 21 (IR-2)
• Parent (IR-5) – The U.S. Citizen sponsor must be at least 21 years old.

Key Advantage: The number of visas in this category is not limited each fiscal year. This means that once the initial petition (Form I-130) is approved, the beneficiary does not have to wait for a visa number to become available, making the processing time significantly faster.

II. Family Preference (F) Visas

These visas are for more specific, often more distant, family relationships with a U.S. Citizen, and for all family relationships with a Lawful Permanent Resident (LPR).

• Sponsorship by a U.S. Citizen (USC):
  • First Preference (F1): Unmarried Sons and Daughters (21 or older).
  • Third Preference (F3): Married Sons and Daughters (any age).
  • Fourth Preference (F4): Brothers and Sisters (USC must be 21 or older).
• Sponsorship by a Lawful Permanent Resident (LPR):
  • Second Preference (F2A/F2B): Spouses and Unmarried Sons and Daughters.

Key Limitation: The number of visas in all Family Preference categories is limited annually. Consequently, after the petition is approved, the beneficiary must wait for their Priority Date to become “current” according to the monthly Visa Bulletin. This queue can result in wait times spanning several years.

2. The Multi-Phase Immigrant Visa Procedure

The immigration process involves a minimum of three distinct phases managed by different agencies.

Phase I: The Petition Stage (USCIS)

1. Establishing Relationship: The Petitioner (the U.S. Citizen or LPR sponsor) initiates the process by filing Form I-130, Petition for Alien Relative, with USCIS. This form, along with supporting documentation (birth certificates, marriage certificates, proof of relationship), establishes that a valid family relationship exists.
2. Priority Date: For Family Preference cases, the date USCIS receives the I-130 petition becomes the Priority Date, which determines the beneficiary’s place in the visa waiting line.
3. Approval: Upon verification of the relationship, USCIS approves the I-130 petition.

Phase II: Immigrant Visa Processing (NVC)

1. Transfer to NVC: The approved petition is transferred to the National Visa Center (NVC), which acts as a staging ground before the interview.
2. Fee Payment and Affidavit of Support: The NVC notifies the parties to pay the required visa processing fees. The U.S. sponsor must then file Form I-864, Affidavit of Support, proving they have the financial means (at least 125% of the U.S. poverty guidelines) to support the immigrant and ensure they will not become a “public charge.”
3. Document Submission: The Beneficiary (the immigrant applicant) completes the online immigrant visa application (DS-260) and submits all required civil documents (e.g., police certificates, birth records) to the NVC for pre-processing.
4. Interview Scheduling: Once the case is “documentarily qualified” (all required documents accepted) AND an immigrant visa number is available (for Preference cases, the Priority Date is current), the NVC schedules the final interview at the appropriate U.S. Embassy or Consulate abroad.

Phase III: Final Decision (U.S. Embassy/Consulate)

1. Medical Examination: The applicant must undergo a mandatory medical examination by an embassy-approved panel physician prior to the interview.
2. Consular Interview: A Consular Officer conducts a final interview to determine the applicant’s eligibility. The officer verifies the relationship, reviews all submitted documents, and screens for any grounds of inadmissibility (health, criminal, security issues).
3. Visa Issuance: If approved, the Immigrant Visa (IV) is placed in the applicant’s passport. The applicant then uses this IV to travel to the United States.
4. Admission: Upon arrival at a U.S. Port of Entry, the applicant is formally admitted by Customs and Border Protection (CBP) as a Lawful Permanent Resident, and the physical Green Card is mailed to their U.S. address shortly thereafter.

⏳ Decoding the Wait: Estimated Timelines for Family Preference Visas.

While the Immediate Relative (IR) categories enjoy an unlimited number of annual visas—meaning processing begins almost immediately after the Form I-130 petition is approved—the numerically limited Family Preference (F) categories are subject to significant backlogs.

The estimated wait time for a visa number to become available is determined by two main factors:

1. The Preference Category (F1, F2A, F3, F4): Each category is allocated a different number of visas annually.
2. The Country of Chargeability: Countries that have high immigration demand (currently China, India, Mexico, and the Philippines) have additional per-country caps, often leading to significantly longer wait times.

The key tool for tracking this wait is the Department of State’s monthly Visa Bulletin, which lists “cut-off dates” for the Final Action Dates. If your Priority Date (the date USCIS received your I-130 petition) is before the listed cut-off date, your visa number is considered available, and your case can move forward to the interview stage.

Here is a breakdown of the current approximate waiting times for the most common Family Preference categories, based on the November 2025 Visa Bulletin Final Action Dates.

F2A: Spouses and Minor Children of Lawful Permanent Residents (LPRs)

The F2A category, covering the immediate family of a Green Card holder, historically has the shortest wait time among all preference categories due to a higher annual allocation.

• Relationship: LPR sponsoring their Spouse or Unmarried Child under 21.
• Wait Time (General): This category is currently experiencing a relatively short backlog of approximately 1 to 2 years for most countries.
• Current Status (November 2025): The Final Action Date for most countries, including China and India, is October 22, 2025, indicating a roughly one-year wait from the date of filing the I-130. This makes F2A the fastest moving preference category.
• Mexico Exception: Beneficiaries from Mexico face a slightly longer wait, often a few months longer than the rest of the world.

F1: Unmarried Adult Sons and Daughters of U.S. Citizens

The F1 category is for adult children of U.S. Citizens who are not married. Since they are the first preference category, their wait time is shorter than F3 and F4, but significantly longer than F2A.

• Relationship: U.S. Citizen sponsoring their Unmarried Son or Daughter (21 or older).
• Wait Time (General): For most countries, the current wait time for a visa number to become available is approximately 7 to 8 years.
• Current Status (November 2025): The cut-off date for most countries is currently paused around September 2017.
• High-Demand Exceptions: Applicants from high-demand countries face much longer queues:
  • Mexico: The wait can be over 18 years, with a cut-off date around March 2007.
  • Philippines: The wait is about 10 years, with a cut-off date around April 2015.

F4: Brothers and Sisters of Adult U.S. Citizens

The F4 category is the lowest preference category and has the longest wait times due to the limited number of visas allocated to it annually.

• Relationship: U.S. Citizen sponsoring their Brother or Sister (USC must be 21 or older).
• Wait Time (General): For most countries, the wait time is substantial, currently around 15 to 16 years.
• Current Status (November 2025): The general cut-off date is stalled around March 2009.
• High-Demand Exceptions: Wait times are notoriously long for countries facing high demand:
  • India: The wait is currently around 19 years, with a cut-off date around December 2006.
  • Philippines: The wait is approximately 17 years, with a cut-off date around January 2008.
  • Mexico: This is often the longest wait time of any category, stretching over 24 years, with a cut-off date around April 2001.

⚠️ Important Disclaimers for Readers

• I-130 Processing Time is Separate: The timelines above refer only to the time spent waiting for a visa number to become available after the Form I-130 petition has been approved by USCIS. The initial I-130 processing time can itself take an additional 12 to 24 months, depending on the USCIS service center and the specific preference category.
• Visa Bulletin Volatility: These dates are subject to the monthly changes of the Visa Bulletin and can suddenly move forward (advance) or backward (retrogress) based on visa demand and supply. They are estimates only.
• Consult Legal Counsel: Given the length and complexity of the process, applicants are always advised to consult with an experienced immigration attorney to confirm the latest dates and specific eligibility requirements.