One of the most common ways to immigrate to the US is through a US relative. There are two types of relatives in US immigration law – immediate relatives and preference category relatives.

Immediate relatives include the spouse (husband/wife) of a US citizen, the parent(s) of a US citizen when the US citizen is over 21 years old and the unmarried child of a US citizen when the child is under 21. The definition of a child includes a stepchild and the definition of a parent includes a stepparent, in those cases where the marriage that created the step-relationship took place before the child turned 18. In general, immigration through an immediate relative is one of the fastest ways to immigrate to the US, since there is no numerical limitation on the number of immigrants admitted each year under this category. In practice, the immigration services are rather slow and it usually takes 5-9 months for the process to be completed.

Preference category relatives include the unmarried sons and daughters of a US citizen when they are 21 years old or above, the married sons and daughters of a US citizen, the siblings of a US citizen when the US citizen is 21 years of age or older, the spouse (husband/wife) of a person who is a lawful permanent resident (green card holder), the unmarried child under 21 of a US permanent resident (green card holder) and the unmarried son or daughter over 21 of a US permanent resident (green card holder). There is a numerical limitation on the number of preference category relatives that can immigrate to the United States each year. Thus, depending on the type of relationship involved, the waiting time to immigrate and get a green card can range from seven to more than twenty years in some cases. After the initial petition is filed by the US relative, the prospective immigrant obtains a date of filing, which is referred to as the priority date. Each month the US department of state issues a visa bulletin, stating which priority dates of preference category relatives can start the immigration process in the present month. For more information, you can refer to the visa bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html. The advantage of preference category relatives is that, unlike immediate relatives, the entire family can immigrate based on a single immigrant petition, which includes the spouse (husband/wife) and any unmarried children under 21.

For example, Jelena has a brother who is a US citizen and invites her to immigrate to the United States in 2001. In 2012, Jelena’s turn to immigrate comes (her priority date becomes current as per the visa bulletin). Jelena will be able to immigrate together with her husband and unmarried children under 21, as of 2012. In this manner, a person can immigrate to the US based on a US citizen uncle (sibling of a parent), as long as the immigrant petition is filed early enough, many years before the nephew/niece turns 21 and/or marries.