The immediate relatives of a U.S. citizen – a spouse, unmarried children under 21 and parents, if the citizen is at least 21 – are not subject to annual visa limits. The other family categories (F1–F4) are capped, so the wait for an immigrant visa usually takes many years, longest of all for siblings.
In Polish-American families, the question “can my sister join us?” comes up as often as questions about work. The answer depends above all on who the sponsor is and how the relative is related to them – because that decides whether the case falls into a category with no limit or into a line that lasts for years.
Why family cases have backlogs
Immigration law divides relatives into two groups. The so-called immediate relatives of a U.S. citizen – spouses, children and parents of a citizen who is at least 21 – are not subject to annual visa limits. Everyone else falls into preference categories, where the number of visas per year is capped in advance.
Przemysław Jan Bloch, P.C. explains it simply on its website: with huge demand and limited supply, lines are inevitable. Until Congress increases the pool of visas for the families of citizens and permanent residents, backlogs will remain a reality in these cases – and most preference categories should not be expected to move quickly.
The four preference categories, F1–F4
The statute lists them explicitly. F1 covers unmarried adult sons and daughters of U.S. citizens. F2A covers spouses and children of permanent residents (green card holders), and F2B – their unmarried sons and daughters over 21. F3 covers married sons and daughters of citizens, and F4 – brothers and sisters of U.S. citizens, provided the sponsor is at least 21. The legal basis is Section 203(a) of the Immigration and Nationality Act (8 U.S.C. § 1153).
Whether a case can move forward is decided by the priority date – usually the day the I-130 petition was filed – compared with the State Department’s chart. The firm reviews that chart every month in its Visa Bulletin update with current dates for family categories.
What this means for Polish families
Brothers and sisters of citizens wait the longest. On the firm’s website, Attorney Przemysław Jan Bloch asks whether it is not a comedy to wait fifteen years for a brother or sister to immigrate. The question is rhetorical, but it captures the scale well: in the F4 category, a petition filed today is filed with the distant future in mind, not the next year.
That is why the decisions made at the start matter so much – who files the petition, when, in which category, and what changes when the sponsor becomes a citizen or when a child turns 21 or marries. Such changes can move a case to a different category. More about Attorney Bloch’s experience in family cases – the firm’s profile and client reviews on PolishPages.
Family cases often take years, so careful handling of documents during the wait also matters: current addresses, civil status records, deadlines for responding to requests. Neglect during the waiting period can undo years spent in line.
Przemysław Jan Bloch, P.C. has practiced in Brooklyn since 1998 and represents clients throughout the United States, including families whose members live in Poland. Contact: 718-522-6773; the attorney speaks Polish – details in the firm’s full profile in the Polish business directory.
This article is for informational purposes only and does not constitute legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact Przemysław Jan Bloch, P.C. about your situation. Attorney advertising. Prior results do not guarantee a similar outcome.
