If a person wants to become a Lawful Permanent Resident, (a "green card" holder), and they are not qualified as an immediate relative to the person petitioning on their behalf, they must apply through the preference category system. Their relationship to the petitioner will determine what category they are placed in and how long they have to wait until a green card becomes available.
The wait for a green card depends on four distinct classes of preference category relationships, each with their own annual caps. The individual must wait for a family based green card to become available according to the preference category they fall under.
The relationship between beneficiary and petitioner must first be examined to see whether the relationship is a legal and recognized one. The legality of the relationship may be based on foreign or United States federal or state law.
When filing for relatives under the preference categories, only one petition is required for the spouse and children (under 21) of the principal beneficiary immigrating derivative family members.
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