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The Family-Based Immigration Flowchart

A visual map of the U.S. family-based immigrant petition process, from initial filing through permanent residence. Click any step for its details.

Family-Based Immigration Flowchart Interactive map of the U.S. family-based immigrant petition process, from initial filing through permanent or conditional resident status. The chart distinguishes Immediate Relatives of U.S. citizens, who are not subject to numerical visa quotas, from Family Preference Categories F1 through F4, which are subject to annual quotas and priority date waits. Both tracks pass through USCIS petition adjudication and branch at approval to either Adjustment of Status in the United States or consular processing abroad. Each stage is marked as approved, denied with appeal rights, or final permanent resident status. Click any step for its details. approved denied approved denied when current issued denied Immediate Relatives of U.S. Citizens* Spouses, Children/Stepchildren (under 21), Parents Details ↗ Family Preference Categories* Subject to annual visa quotas Categories ↗ Immigrant Petition Filed with USCIS** By U.S. Citizen, LPR, or Self-Petitioner Petition Approved Appeal Rights Petition Denied Beneficiary is in the U.S. Eligible to adjust status if priority date is current Beneficiary is Abroad or Cannot Adjust Status Adjustment of Status — Approved Adjustment of Status — Denied Limited Appeal Rights NVC — Priority Date Not Current NVC — Priority Date Current U.S. Consulate Interview In beneficiary’s home country Permanent or Conditional Resident Upon approval of Adjustment of Status Immigrant Visa Issued Immigrant Visa Denied Limited Appeal Rights Permanent or Conditional Resident Upon entry into the U.S.

*Special Family-Based Immigrant Classes (including eligible Self-Petitioners)

Amerasians: A person born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950 and before October 22, 1982, and fathered by a U.S. citizen. Marital status places them in the 1st or 3rd preference.

Widows/Widowers: A surviving spouse of a U.S. citizen, not remarried, who files within 2 years of the citizen’s death. They are Immediate Relatives of U.S. Citizens.

Battered or Abused Spouses, Children, or Parents: A spouse or child subjected to battery or extreme cruelty by a U.S. citizen or LPR spouse or parent, or a parent abused by a U.S. citizen son or daughter. The abuser’s status sets the category: a U.S. citizen yields Immediate Relatives, an LPR yields 2nd preference.

Special Immigrant Juveniles: Unmarried juveniles under 21 placed in the custody of a state agency. They draw visas remaining from the employment-based 4th preference.

These classes may self-petition; other family-based immigrants depend on a petition filed by a qualifying relative.

Orphans and Intercountry Adoptees (under 16): Special rules and procedures apply. They are Immediate Relatives of U.S. Citizens.

**Filing the Petition with a U.S. Consulate (Limited Circumstances)

Petitions are normally filed with USCIS. A U.S. Consulate may accept an I-130 only from a U.S. citizen, only for an Immediate Relative, and only in exceptional circumstances or under a blanket authorization (chiefly service members stationed at a U.S. military base abroad). An Orphan (I-600) petition may also be filed at a Consulate in a country with no USCIS office.

Approved Denied Final Appeal
© Jan Albrecht. An interactive reference, not legal advice. To map your case, book a consultation.