Immediate relatives are spouses, unmarried children under 21, and parents of a U.S. citizen.  Non-immediate relatives are unmarried children of U.S.C’s over 21 (1st preference), spouses of a permanent resident (2nd preference sub-category “A”), married children of U.S.C’s (3rd preference), and siblings of U.S.C’s (4th preference). When a family based petition is applied for by a U.S. citizen under immediate relative, a visa is immediately available for the alien to come to the U.S.  Non-immediate relatives of a U.S. citizen and permanent residents can also sponsor their relatives but are subject to visa numerical limitations based on the Visa Bulletin, issued by the U.S. Department of State.  Thus, there is a waiting period for visa availability for non-immediate relatives.     

 

Contact the Immigration Lawyers at Garg & Associates today for more on immediate relatives versus a non-immediate relative.