IMMEDIATE RELATIVE

Spouse, parents or unmarried children under age 21 of U.S. citizen

Note, the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. Section 3 of DOMA was a federal law that limited federal marriage recognition to different-sex couples. Because immigration law is federal, DOMA prevented lawfully married lesbian and gay couples from obtaining lawful permanent residence (“green cards”) through marriage. Now that DOMA has been struck down, American citizens and lawful permanent residents can submit green card applications for their same-sex spouse. 

SUBJECT TO QUOTA

First Preference

Unmarried son or daughter (21 years or older) of a U.S. citizen

Second Preference

a. Preference 2A is for spouses or unmarried children under age 21 of permanent residents.

b. Preference 2B is for unmarried children of 21 years of age or older of permanent residents

Third Preference

Married (regardless of their age) sons and daughters of U.S. citizens.

Fourth Preference

Brothers and sisters of adult (21 years of age or older) U.S. citizens.