family immigration details

The National Immigration Forum has an excellent analysis of family preference categories and backlogs.

There are two types of immigration: family based and employment based.  U.S. citizens (USCs) and Lawful Permanent Residents (LPRs) sponsoring family members for immigrant visas falls under the category of family immigration.

Spouses and children of non-immigrants who adjust to permanent residence are not counted against any of the family immigrant categories.

family immigration categories:

There are several categories of family immigration:

• USCs sponsoring immediate relatives (spouses, minor children, parents).
• Other categories ("preference categories"):
  1. USCs sponsoring their adult unmarried children.
  2. LPRs sponsoring their immediate families:
  1. Spouse and minor children.
  2. Adult unmarried children.
  3. USCs sponsoring their married children.
  4. USCs sponsoring their brothers and sisters.

numerical limits:

Immediate relatives of USCs are not subject to annual numerical limits.  All other categories (called preference categories, numbered 1-4 above) have annual numerical limits imposed by Congress in the Immigration and Nationality Act, 1990 (Section 203).

Every fiscal year1, each preference category has a minimum annual allocation of visas.  If, during a given fiscal year, more immigrant visas are available than the minimum guaranteed, the excess is allocated in the order shown above.  If, during a fiscal year, the number of visas used in a given category falls below the minimum, the unused visas are allocated to the other categories in preference order.

The minimum guaranteed allocation is as follows:

Preference Category                   Visas available

   Adult unmarried children of USC       23,400
   Immediate family of LPR              114,200
   Married children of USC               23,400
   Siblings of USC                       65,000

   Total:                               226,000

480,000 family immigrant visas are available every fiscal year.  Unused employment based immigrant visas from the previous fiscal year (if any) are added to this.  Visas used for immediate relatives of USCs and visas issued to children of LPRs born during temporary visits abroad are subtracted from this.  If the total falls below 226,000, the minimum guarantees apply.  If the total exceeds 226,000 the excess is allocated in order of preference.

Of the visas allocated to immediate family of LPRs, 77% are reserved for spouses and minor children of LPRs (category 2A), with the remaining allocated for adult unmarried children (category 2B).

If, during a given fiscal year, the number of applicants under the spouse/minor children of LPRs (category 2A) exceeds 226,000, enough new immigrant visas are automatically created to cover the excess.

At most one quarter of the visas available per fiscal year can be used in each of the first three quarters of the fiscal year.

per country limits:

At most 7% of immigrant visas available can be issued to citizens of a given country.  The exception is that 75% of the visas available for category 2A are not subject to per country limits.

in practice:

During the last several years, the number of immigrant visas issued to immediate relatives of USCs has been substantial.  Consequently, only the minimum guaranteed number of preference category visas (226,000) has been available.

The number of applicants in each preference category has far exceeded the number of visas available. Significant backlogs have resulted.  The State Department visa bulletin lists the backlogs in various categories.  The 2A category is backlogged 8 years for Mexico and 4-5 years for other countries.

The September 11, 2001, terrorist attacks have renewed the emphasis on security checks. During fiscal year 2002, the USCIS processed fewer preference category 2 applications (84,860) than the number of visas available (114,200).

This was due to the extensive background check that each applicant was subjected to.  By the time the checks were completed, the fiscal year ended and unused visas were lost.  The USCIS expects this situation to continue.