Family-Based Immigration Categories: Immediate Relatives vs. Family Preference

Family-based immigration in the United States is organized into two main tracks. Immediate Relatives of U.S. citizens are uncapped, while Family Preference categories (F1 through F4) are numerically limited and managed through waiting lists. Immediate Relatives usually do not rely on the Visa Bulletin, but Family Preference cases depend on priority dates and monthly cutoffs. Most cases start with Form I-130 and then move to either Adjustment of Status with Form I-485 or Consular Processing through the National Visa Center and Form DS-260. These are common issues for families in Dallas–Fort Worth and South Florida.

How Family-Based Immigration Is Organized in the U.S.

Family-based immigration law divides relatives into two broad groups. Immediate Relatives of U.S. citizens fall into an uncapped category under section 201(b) of the Immigration and Nationality Act. Family Preference categories, listed in section 203(a), cover other qualifying relationships and are subject to annual numerical limits. Knowing which group applies to your family is the first step in building a realistic strategy.

At a high level, the structure looks like this.

Immediate Relatives include spouses, certain unmarried children, and qualifying parents of U.S. citizens. Because there is no annual cap for this group, there is no formal waitlist controlled by the Visa Bulletin. There can still be processing delays, but the immigrant visas themselves are not limited by yearly quotas.

Family Preference categories include adult children and certain spouses and children of permanent residents, as well as married sons and daughters and siblings of U.S. citizens. These categories are capped. Each new petition receives a priority date, and the Department of State uses the Visa Bulletin to decide which priority dates are eligible for visa issuance or Adjustment of Status in a given month.

Both U.S. Citizenship and Immigration Services and the Department of State play roles in these processes. USCIS reviews Form I-130 petitions and, for applicants inside the United States, handles Adjustment of Status through Form I-485. The Department of State manages the Visa Bulletin and consular processing at embassies and consulates abroad.

For families in Dallas–Fort Worth and South Florida, this distinction often appears when one relative is sponsoring a parent as an Immediate Relative, while another is sponsoring a married sibling through a Family Preference category with a long wait.

Why the Law Separates Immediate Relatives from Family Preference Cases

Congress decided that certain close relationships should receive the highest priority. Under section 201(b), Immediate Relatives of U.S. citizens do not count against worldwide family-based visa caps. By contrast, section 203(a) sets annual numerical limits and per-country rules for Family Preference categories.

This structure allows the system to prioritize spouses, young children, and qualifying parents of U.S. citizens while still maintaining controls over broader extended-family sponsorships.

What Counts as an Immediate Relative vs an F-Category in Practical Terms

In everyday terms, the groups look like this.

Knowing which group your relative falls into affects whether there is a waitlist, how you read the Visa Bulletin, and whether you can file certain forms together.

Immediate Relatives: Who Qualifies and Why There Is No Waitlist

Immediate Relatives have a special place in family-based immigration. The law treats these relationships as uncapped, which means there is no numerical limit on how many Immediate Relative visas can be issued each year. Processing times still apply, but there is no queue managed by the Visa Bulletin for visa numbers.

Under federal law, Immediate Relatives include:

• IR1 and CR1: Spouse of a U.S. citizen.
• IR2 and CR2: Unmarried child under 21 of a U.S. citizen.
• IR5: Parent of a U.S. citizen who is at least 21.

The “CR” codes indicate conditional residence. If the marriage is less than two years old on the date permanent residence is granted, the spouse and stepchild usually receive conditional green cards and later must file to remove conditions.

Key forms for Immediate Relative cases include Form I-130 to establish the qualifying relationship, Form I-485 for Adjustment of Status when the applicant is inside the United States and eligible to adjust, Form I-864 for the Affidavit of Support, and Form I-693 for the medical exam. For consular processing, cases move through the National Visa Center with Form DS-260 and supporting documents before a visa interview abroad.

In Dallas or Fort Lauderdale, a common scenario is a U.S. citizen filing for a spouse already in the United States in lawful status. If a visa is immediately available and the spouse qualifies, you may be able to file Form I-130 and Form I-485 together as a concurrent filing. Another example is a U.S. citizen in Dallas sponsoring a parent who will complete the process at a consulate abroad as an IR5.

Which Family Members Qualify under INA 201(b)

Immediate Relatives under section 201(b) include only specific relationships:

• A U.S. citizen’s spouse.
• A U.S. citizen’s unmarried child under 21.
• A U.S. citizen’s parent, when the U.S. citizen is at least 21.

Other relatives, such as adult sons and daughters or siblings, fall into Family Preference categories, not the Immediate Relative group.

IR1/CR1, IR2/CR2, and IR5 Explained in Plain English

The Immediate Relative codes can be summarized as follows.

The “I” stands for Immediate Relative, and the “C” indicates conditional status when required by marriage-length rules.

When Concurrent Filing (I-130 and I-485) Is Possible

Concurrent filing is often available for Immediate Relatives who are physically present in the United States and eligible to adjust status. This means you can submit Form I-130 and Form I-485 together.

For families in Dallas–Fort Worth or South Florida, concurrent filing is common when a U.S. citizen spouse sponsors a spouse who entered lawfully and has no bars to adjustment. It is less common for Family Preference categories, which usually must wait for a visa number to become available under the Visa Bulletin before Form I-485 can be filed.

Family Preference Categories

Family Preference categories cover other close relationships that are important but are subject to annual caps. Under section 203(a), these categories share a limited number of visas each year, divided by category and region.

Here is a practical breakdown.

Each petition receives a priority date, usually the date USCIS properly files Form I-130. The Department of State’s Visa Bulletin shows which priority dates are eligible for final action or filing based on category and country.

Families in Dallas–Fort Worth and South Florida often have relatives in both F2A and F2B. A permanent resident parent in Dallas might have one child under 21, who falls in F2A, and another adult child over 21, who falls in F2B. The younger child’s case may move much faster than the older child’s, even though both petitions share the same petitioner.

Why These Categories Have Annual Limits and Queues

Family Preference categories are numerically limited because Congress set annual caps on family-based immigration in section 203(a). Once a category’s limit is reached for a region and year, new cases must wait until visa numbers become available again. This creates queues managed through the Visa Bulletin using priority dates and cut-off dates.

Some categories, such as F4 siblings of U.S. citizens, often involve long waits. Others, such as F2A, may move more quickly but still depend on monthly updates.

What Each F-Category Covers, from F1 Through F4

Each category has its own demand profile, which affects wait times.

• F1: Unmarried adult sons and daughters of U.S. citizens.
• F2A: Spouses and unmarried children under 21 of lawful permanent residents.
• F2B: Unmarried adult sons and daughters of lawful permanent residents.
• F3: Married sons and daughters of U.S. citizens.
• F4: Brothers and sisters of U.S. citizens who are at least 21.

How F2A Differs from F2B inside the Same Statutory Group

F2A and F2B both fall under the second preference family group, but they cover different relationships. F2A focuses on spouses and young children of permanent residents and often has more favorable Visa Bulletin dates. F2B covers unmarried adult children of permanent residents and usually involves longer queues.

A family in Fort Lauderdale might see the difference when a permanent resident parent files for both a younger child under 21 and an older child over 21 at the same time. The younger child’s F2A case may become current much earlier than the older child’s F2B case.

Priority Dates, Visa Bulletin Charts, and How CSPA Protects Children

Priority dates and Visa Bulletin charts are central to Family Preference cases and some Immediate Relative scenarios involving derivatives. The priority date is usually the date USCIS properly receives and accepts Form I-130. That date becomes your place in line.

The Department of State publishes a monthly Visa Bulletin with two main family-based charts:

USCIS announces each month which chart family-based Adjustment of Status applicants should use. In some months, USCIS allows use of the Dates for Filing chart. In other months, it requires use of the Final Action Dates chart.

The Child Status Protection Act is designed to help certain children avoid aging out when the system is slow. It allows some beneficiaries to lock in a child immigration age by subtracting specific processing time and applying defined calculations. In 2025, USCIS clarified that for family-based Adjustment of Status, it generally uses the Final Action Dates chart when calculating CSPA ages.

How a Priority Date Is Created and Why It Controls Movement

Your priority date is set when USCIS properly receives and accepts Form I-130. That date stays with your case, even if the petition is later upgraded, such as when a permanent resident becomes a U.S. citizen and upgrades an F2B case to F1.

The Visa Bulletin compares your priority date with the published cut-off dates for your category and country. When your priority date is earlier than or the same as the cut-off date, your case is considered current.

Difference Between Final Action Dates and Dates for Filing

Final Action Dates show when a visa number is available for issuance, and when final approval of permanent residence can occur. Dates for Filing show when you may be allowed to submit certain applications earlier in the process.

For Adjustment of Status, USCIS publishes monthly guidance on whether family-based applicants should use Chart A or Chart B. For consular processing, the National Visa Center commonly uses Dates for Filing to begin collecting documents and then relies on Final Action Dates to schedule interviews.

How the Child Status Protection Act Works after the 2025 USCIS Update

CSPA can allow a child to remain classified as a child even after turning 21, if the calculation brings the immigration age under 21 and the child acts within required time frames. The formula subtracts the time the petition was pending from the child’s age at key points.

After the 2025 update, USCIS generally uses the Final Action Dates chart to decide whether a child is protected under CSPA for family-based Adjustment of Status. Families in Dallas County or Broward County need to track not only the I-130 filing date and the child’s birthday, but also when Final Action Dates become current for the case.

From Petition to Green Card: Two Paths

Most family-based cases follow one of two main paths after Form I-130 is approved. Applicants either adjust status inside the United States or complete consular processing abroad. The right path depends on the applicant’s current location, immigration history, and eligibility rules.

Adjustment of Status uses Form I-485 and is available for many applicants physically in the United States who meet eligibility requirements. Consular Processing runs through the National Visa Center and a U.S. embassy or consulate abroad using Form DS-260. Both paths involve biometrics, a medical exam with Form I-693 or consular equivalent, and usually an interview.

A comparison chart helps clarify the differences.

In Dallas–Fort Worth, Adjustment of Status interviews are typically held at the field office serving the region. In South Florida, field offices covering Miami, Fort Lauderdale, and nearby areas handle many family-based interviews. Consular cases are processed by consulates in the applicant’s country of residence, with families in Texas or Florida often coordinating with relatives overseas.

Adjustment of Status Steps for Applicants in the U.S.

Adjustment of Status usually involves these steps:

• Confirming that a visa is immediately available or that the category is current under the designated chart.
• Filing Form I-485 with civil documents and proof of the qualifying relationship.
• Submitting Form I-864 with supporting financial evidence.
• Attending biometrics for fingerprints and photographs.
• Completing a medical exam with a civil surgeon and providing Form I-693.
• Attending an interview at a local USCIS field office, if scheduled.

If approved, the applicant becomes a permanent resident without leaving the United States.

Consular Processing Through the NVC and DS-260

Consular Processing typically follows this path:

• USCIS approves Form I-130.
• The case is sent to the National Visa Center.
• Fees are paid and Form DS-260 is completed online.
• Civil documents and the Affidavit of Support package are uploaded to the NVC.
• The NVC reviews documents and requests corrections if needed.
• The case is scheduled for an interview at the appropriate embassy or consulate.
• The applicant completes a medical exam with a panel physician before the interview.

If the visa is issued, the applicant becomes a permanent resident upon entry to the United States.

Role of the Medical Exam and Biometrics

The medical exam, documented on Form I-693 for Adjustment of Status or a consular medical report for consular cases, confirms that the applicant does not have certain health-related grounds of inadmissibility. Biometrics allow USCIS or consular authorities to complete security checks and identity verification.

In Dallas–Fort Worth and South Florida, families must plan for the time and cost of local medical exams with designated physicians and travel to biometrics and interview appointments.

Sponsorship and the Affidavit of Support

Financial sponsorship is a core part of most family-based immigration cases. Many family-based applicants must have an Affidavit of Support under section 213A of the Immigration and Nationality Act. Form I-864 is the standard affidavit that creates a binding promise of financial support.

Sponsors commit to maintaining the intending immigrant at an income level above a threshold that is usually 125 percent of the federal poverty guidelines for the sponsor’s household size. Because those figures change each year, sponsors should always use the current government guidelines rather than fixed numbers from older sources.

When the petitioner’s income is not enough on its own, a joint sponsor may help. Joint sponsors must meet the same income requirements and sign their own I-864. Sponsors also must satisfy the domicile requirement, meaning they must maintain or intend to reestablish a principal residence in the United States.

A chart helps show the roles.

Who Must File an I-864 and What Financial Sponsorship Really Means

In most family-based cases, the petitioner must file Form I-864, even if a joint sponsor participates. Sponsorship is a legally enforceable commitment that can last for years, often until the immigrant becomes a U.S. citizen, accumulates enough qualifying work history, or leaves the United States permanently.

Joint Sponsors and Domicile Requirements in Family Cases

Joint sponsors are common when the petitioner’s income alone is not sufficient. For example, a U.S. citizen in Dallas who works part-time might rely on a financially stronger relative to meet the income threshold.

Domicile can be complex when petitioners live abroad temporarily or work internationally. A U.S. citizen in South Florida on a long overseas assignment may need to show steps taken to maintain or reestablish U.S. residence before the intending immigrant arrives.

Avoiding Outdated Poverty Guideline Numbers

Because poverty guidelines change annually, sponsors should always consult the current official tables. Using outdated numbers from online charts or informal sources can lead to Requests for Evidence or adverse decisions.

Common Issues: Retrogression, RFEs, and Aging Out Concerns

Even well-prepared family cases can encounter problems. Three common areas are retrogression, Requests for Evidence, and aging out concerns.

Retrogression occurs when Visa Bulletin cut-off dates move backward instead of forward. This can happen when visa demand in a category or country exceeds expectations. If retrogression occurs, families who were close to filing or interviews may need to wait again until their priority dates are current.

Requests for Evidence often focus on relationship proof, missing or inconsistent civil documents, or Affidavit of Support problems. Aging out issues arise when a beneficiary is close to turning 21 and risks moving into a different category or losing eligibility as a child.

A summary chart makes the differences clearer.

How Retrogression Can Delay Interviews or AOS Filings

When the Visa Bulletin retrogresses, cases that were current can become unavailable again. A family in Dallas might have an F3 case for a married son that was nearly at interview stage. If retrogression occurs, that interview can be postponed until the priority date once again falls within the published cut-off.

Typical RFE and Document Issues in Family Cases

Common RFE triggers include:

• Limited or inconsistent relationship evidence in marriage-based cases.
• Missing or incorrect birth, marriage, or divorce records.
• Incomplete or outdated I-864 financial documentation.
• Gaps or discrepancies in prior immigration history.

Families in South Florida and Dallas–Fort Worth can often reduce RFE risk by gathering documents early and ensuring that translations, certifications, and financial records are up to date.

When a Child Risks Aging Out and Where CSPA May Help

A child risks aging out when turning 21 would move them into a different category or remove eligibility as a child. CSPA may help preserve child classification by freezing the immigration age at a certain point and subtracting I-130 processing time.

Tracking birthdays, priority dates, and Visa Bulletin movement is essential. In some cases, filing as soon as a category becomes current can make a significant difference in whether CSPA protection applies.

Dallas–Fort Worth and South Florida Considerations

Local factors can affect how family-based immigration unfolds. Families in Dallas–Fort Worth and South Florida operate under the same federal rules but may see different local processing patterns, medical exam access, and interview timing.

USCIS field offices serving these regions can have different caseloads and scheduling backlogs. While no one can promise specific timelines, families often notice that one field office may schedule interviews faster than another.

Medical exams under Form I-693 must be completed by designated civil surgeons. In both regions, families need to identify approved doctors, budget for exam costs, and plan around clinic schedules.

Local Field Office and Consular Timing Considerations

Local field offices may have varying interview wait times, depending on staffing and workload. Applicants in Dallas might be scheduled on a different timeline than applicants in South Florida, even for similar categories. Consular processing also varies by embassy or consulate, so families with relatives abroad should factor in local conditions in the home country.

Examples of IR and F-Category Cases Commonly Filed in DFW and South Florida

In Dallas–Fort Worth, it is common to see Immediate Relative cases for spouses and parents of U.S. citizens, as well as F2A cases for spouses and young children of permanent residents. In South Florida, there may be a higher number of F3 and F4 cases involving married children and siblings of U.S. citizens with close connections to Latin America or the Caribbean.

FAQs: Fast Answers About Family-Based Immigration Categories

Here is a quick reference chart for common questions.

How Pollak PLLC Helps Families Navigate Petitions, Priority Dates, and Interviews

At Pollak PLLC, we help you understand how your family fits into the Immediate Relative and Family Preference structure, map out realistic timelines, and build a strategy that fits your situation. Our firm supports families in Dallas–Fort Worth and South Florida with category selection, priority date tracking, and decisions about Adjustment of Status versus consular processing.

We review relationship evidence, civil documents, and financial sponsorship information so that your filings align with current USCIS and Department of State guidance. We also help you read the Visa Bulletin, evaluate whether CSPA may protect a child, and prepare for medical exams, interviews, and Requests for Evidence.

When Families Should Seek Guidance on Category Selection

You may want to consult our firm when you:

• Are unsure whether a relative is an Immediate Relative or belongs in a Family Preference category.
• Have questions about how long a case may take or how retrogression could affect your plans.
• Need help understanding sponsorship requirements, joint sponsor options, or domicile issues.
• Are deciding between Adjustment of Status and consular processing for a specific family member.

Support for DFW and South Florida Clients from First Petition to Approval

Our team supports families at every stage, from the first Form I-130 to tracking priority dates, preparing Adjustment of Status or consular packets, and attending interviews. Whether you are a U.S. citizen sponsoring a parent in Dallas County, a permanent resident sponsoring a child in Broward County, or a mixed-status family comparing different options, Pollak PLLC can help you navigate the process in a careful and informed way that reflects both national rules and local realities.

Contact us today for a consultation and get the peace of mind you deserve.