A U.S. citizen can apply for his or her parents, spouse and unmarried children under 21 years old.  These are called immediate relatives.   Immediate relatives do not have a waiting list — they can come as soon as the processing on their visas is completed.  However, there are other relatives who can come as well.   But these other relatives usually have a waiting list for visas.

The other relatives that can come are brothers and sisters and sons and daughters who are over 21 years old.  There are called “preference visa categories.”  There are different categories of visas for these classes of relatives and different wait times.   The wait times, currently, for unmarried sons and daughters of U.S. citizens is about six years for most visa applicants.   For unmarried sons and daughters from the Philippines there is a nine year wait.   For unmarried sons and daughters from Mexico there is a 23 year wait.  The reason for the extended wait is that there are a lot of Mexicans and Filipinos already in the U.S. and so there have been a lot of visa petitions filed by them for their sons and daughters.

The next visa category is for married sons and daughters.  Their wait times are 12 years for most applicants, 19 years for Filipinos and 24 years for Mexicans.  The final category are brothers and sisters of U.S. citizens.  The main waiting list is 14 years long, with a 19 year wait for Filipinos and a 22 year wait for Mexicans.

There is one benefit that goes with these “preference visa categories”.    A U.S. citizen who files for an immediate relative (parent, spouse of child under 21) can only file for that relative.   In other words, if your parents still have small children at home with them, they cannot bring them.  If your child has a baby, she can’t bring the baby with her.  If your parent remarried after you turned 18, you cannot file for the step-parent, and your parent cannot bring his/her spouse.  So, in short, immediate relatives can come more quickly, but if they are unwilling to leave their child or spouse, they cannot come at all.

However, an immigrant who is coming on a preference petition can bring his or her spouse or children under 21.   Even if they were unmarried or have no children when you first petition for them, if they get married and have children during the time they are waiting, they can bring them with them.  They can even bring a child who is born after the immigrant interview.

Almost always, these preference relatives will come through what is called “consular processing.”.  In other words, you will need to file a visa petition for them and they will need to wait outside the U.S. — usually for many years, while the visa is processed and then while everything sits and waits for the waiting list to finally become current.  They are not allowed to just stay in the U.S. and wait, and often, they will not even be allowed in the U.S. on a tourist visa because they have an immigrant petition pending.  Sometimes, a person might qualify for some type of employment visa, and, as a result, be in the U.S. when their spot on the waiting list becomes current.  In that case, they can apply for Adjustment of Status and obtain their green card here in the U.S.

As your children’s lives change, they can go from category to category.    An unmarried son can get married and change from the unmarried son or daughter category (six year wait) to the married category (twelve year wait) and then get divorced and go back to the unmarried category.  Of course, a brother or sister will remain your brother or sister.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong