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Family Sponsored Preferences For Permanent Residence

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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  • IMMEDIATE RELATIVES
  • Spouses, parents or children (under 21 years of age) of U.S. citizens
  • FIRST PREFERENCE
  • Unmarried sons and daughters (over 21 years of age) of U.S. citizens
  • SECOND PREFERENCE
    1. Spouses and unmarried children (under 21 years of age) of permanent residents
    2. Unmarried sons and daughters (21 and over) of permanent residents
  • THIRD PREFERENCE
  • Married sons and daughters (over 21 years of age) of U.S. citizens
  • FOURTH PREFERENCE
  • Brothers and Sisters of U.S. citizens

GENERAL INFORMATION
  1. Those who receive their residence based upon a marriage of less than two years receive "conditional residence" for two years and must file a petition for removal of conditions ninety days before the two years expires.
  2. Stepchildren are included if the marriage that created the relationship occurred prior to the child's 18th birthday.
  3. There are waiting periods for all of the above categories except immediate relatives.
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