OBTAINING PERMANENT RESIDENCY THROUGH A CLOSE FAMILY MEMBER

Relationships with some, but not all, family members may lead to permanent residency (a green card)

However, not all family relationships are treated equally by the Immigration laws. Some relationships are treated more favorably than others.

The US immigration law draws a critical distinction between 'immediate' and 'non immediate' relatives.

In short, immediate relatives of US citizens receive the most favorable treatment and are, at least in theory, able to immigrate to the US without any significant wait.

Non immediate relatives are, on the other hand, subject to annual quotas.

 These quotas result in often substantial wait periods before they can immigrate to the United States.

For example the spouse of a US citizen is considered to be an immediate relative. As such, in most cases, they should be able to petition for permanent residency in a matter of months. In contrast to this, a spouse of a permanent resident or a brother or sister of a US citizen are considered to be non immediate relatives and as such are subject to numerical annual quotas and hence lengthy delays.

As long as they entered the US with a valid visa, in most cases immediate relatives can apply for 'adjustment of status' if actually in the US.  Although this process may take up to a year, once the adjustment application has been filed, they are normally granted work authorization in a matter of weeks.

Derivative Beneficiaries

A derivative beneficiary is either  spouse or child (aged under 21 years) who obtains a green card due to their relationship with a principal applicant who may receive a green card thru an offer of employment or as a non immediate (but nor immediate) relative.

CATEGORIES OF IMMEDIATE RELATIVES 

Spouse or Minor Child of a U.S. Citizen
Parent of a U.S. Citizen	U.S. citizen must be 21 or over
Step-parent or child of a U.S. Citizen	Step-parent, step-child relationship must occur before the child’s 18th birthday
Spouse of a deceased U.S. citizen	Petition must be filed within 2 years of the death of the U.S. citizen

FAMILY-SPONSORED PREFERENCES-NON IMMEDIATE RELATIVES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.