There is a difference between immediate, and extended family members. Immediate family members are allowed to immigrate to the U.S. through normal filing procedures. Intentional delays are imposed on extended family members to limit chain migration.

1. Immediate Family Members

Immediate family members are foreigners who are related to a U.S. citizen as follows:

1. spouse of a U.S. citizen
2. fiancee of a U.S. citizen
3. minor child under one of the following circumstances:
   • marriage of the parents occurred while the child was under the age of 18 and the foreign spouse processes on either a spousal visa or on a stateside adjustment of status application
   • the foreign parent processes on a fiancé visa and the child enters the U.S. on a K2 dependent visa prior to the age of 21 years
   • child who is under the age of 21 and unmarried at the time an immigrant petition is filed by a US citizen
   • child adoption undertaken in accordance with U.S. immigration rules
4. parent of a U.S. citizen (any U.S. citizen child must be 21 years of age or older)

Immediate family members are allowed to immigrate to the U.S. through normal filing procedures.

Allan

Contact us to discuss your case. Any family members are not immediate family are considered extended family. Added delays are imposed to immigrate certain extended family to help limit “chain migration”.

2. Extended Family

Extended family members include:

1. [F1] Unmarried Sons and Daughters of Citizens
2. [F2] Spouses, Children & Unmarried Sons and Daughters of Permanent Resident green card holders
   • [F2A] Spouses and Children
   • [F2B] Unmarried Sons and Daughters who are 21 years of age or older
3. [F3] Married Sons and Daughters of U.S. Citizens
4. [F4] Brothers and Sisters of U.S. Citizens who are over the age of 21 years

Wait Times

The dates on following chart shows the delays after the initial petition was filed to immigrate a family member. Updated for December 2023 Application Date.

Chart 1: Dates for Filing Applications

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-Mainland Born	INDIA	MEXICO	PHILIPPINES
F1	01SEP2017	01SEP2017	01SEP2017	01APR2005	22APR2015
F2A	01SEP2023	01SEP2023	01SEP2023	01SEP2023	01SEP2023
F2B	01JAN2017	01JAN2017	01JAN2017	01AUG2004	01OCT2013
F3	01MAR2010	01MAR2010	01MAR2010	15JUN2001	08NOV2003
F4	01MAR2008	01MAR2008	22FEB2006	15APR2001	22APR2004

These dates can change monthly, and we update them. The idea is that we must first file a petition for your foreign family member to immigrate to the U.S., and then wait until the date on the chart passes the petition filing date. Once the petition filing date above becomes current, the foreigner is eligible to apply for a visa if the foreigner is overseas or a green card if the foreigner happens to be in the U.S. and is in lawful status. (If the foreigner in the U.S. is not in lawful status, call us to discuss.)

With extended family members, you can see that some family members can immigrate to the US much faster than certain other family members. Also, certain countries such as China, Mexico, India, the Philippines, and the Dominican Republic have far more applications on average than other countries. These countries have a longer waiting time to process because of the large number of applicants.

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Although we can file the foreigner’s application once the petition date above becomes current, the immigration agencies will not review the filings until the dates on following chart become current.

Chart 2: Application Final Action Dates (Priority Dates)

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-Mainland Born	INDIA	MEXICO	PHILIPPINES
F1	01JAN2015	01JAN2015	01JAN2015	01MAY2001	01MAR2012
F2A	01NOV2019	01NOV2019	01NOV2019	22OCT2019	01NOV2019
F2B	01OCT2015	01OCT2015	01OCT2015	22OCT2003	22OCT2011
F3	22APR2009	22APR2009	22APR2009	08SEP1998	08JUN2002
F4	22MAY2007	22APR2007	15NOV2005	15SEP2000	15OCT2002

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Why the two chart system?

Normally the foreign family member cannot proceed with case processing until the priority date on Chart 2 has been reached. Now, it is possible to file the application sooner according to the dates on Chart 1, but the immigration agencies will simply not complete case processing until the priority date is satisfied.

There Is a Big Benefit for Those Who Are in the US

By filing the application to adjust status stateside early under Chart 1, the foreigner is able to obtain work and international travel privileges sooner, while the case remains pending. You do not need to wait for the priority date to become current in order to file your application. This way, work and travel benefits come quicker, and allow the foreigner to have a normal life while waiting for the final decision on the case.

Often, we receive calls from U.S. citizens who wished they filed years ago because time passes fast. You cannot be together with your family members in the U.S. unless you get started!

Allan

Be aware that if your family member has a B visitor visa, the visa is subject to cancellation and your foreign relative may be blocked from the U.S. until the immigrant visa is processed.

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If you have an interest in filing a petition for an immediate or extended family member, please call us. Our legal fee to start a petition is not expensive, but depends on the case.