Immediate Relative Category:
This category of family Sponsored immigration has no quota. That means there is not a yearly maximum number of immigrants who can attain permanent resident status through this category. The following are categories that are considered immediate relatives:
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Spouses of U.S. citizens;
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Minor children (under12) of U.S. citizens;
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Parents of U.S. citizens over 21;
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Spouses of deceased U.S. citizens who were married for at least 2 years at the time of spouse's death. (Must apply before the 2 years anniversary of the death)
Preference Immigrant Category:
This category of family sponsorship does have a quota system. For any one year, there are at least 226,000 and up to approximately 480,000 permanent resident visas available. In addition, the law also states that any one country cannot supply more than 7% of the total quota of family-sponsored immigrants for any given year. The following are the preferences categories.
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First Preference: Unmarried sons or daughters (21 and over) of the U.S. Citizens.
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Second Preference: a) Spouse or children (under 21) or a lawful permanent resident; b) Unmarried sons or daughters (21 and over) of a lawful permanent resident.
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Third Preference: Married sons or daughters (21 and over) of U.S. Citizens and their spouse and children.
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Fourth Preference: Brothers and sisters (and their spouses and children) of U.S. citizens over 21.
In all cases of family-sponsored immigration it is the sponsor's burden of proof to establish to CIS the validity of his/her relation to the potential immigrant through the filling of an alien petition, in addition to other forms and supporting documents.
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