Under some circumstances a foreign national can immigrate to the United States and become a legal permanent resident (LPR) based on their relationship to a citizen of the United States or a LPR. An LPR is a foreign national who is allowed to permanently live and work in the United States. An LPR can also become a full U.S. Citizen after a certain period of time and if certain conditions are met. In order to become an LPR, a close relative who is either a U.S. Citizen or an LPR must file a visa petition with the United States Bureau of Immigration and Citizen Services (USCIS)(formerly the Immigration and Naturalization Service) and request that the relative be allowed to enter the U.S. as an immigrant.

In general, whether or not the foreign national’s visa petition will be approved and when it will be approved depends on the type of relationship the foreign national has with the U.S. Citizen or LPR and what country the foreign intends to immigrate from. This is because the U.S. immigration system gives preference to close relatives of U.S. Citizens by placing no limit on the number of close relatives of U.S. citizens who may enter the country each year. On the other hand, potential immigrants who are not close relatives of U.S. citizens are subject to per country limits on the number of immigrant visas available each year.

Other relatives of U.S. citizens and LPRs may also qualify to immigrate as LPRs. However, they are subject to the annual visa limitations, and therefore, depending on which country they intend to immigrate from, it may be several years before a visa becomes available.