9 FAM 502.1 IV CLASSIFICATIONS OVERVIEW

UNCLASSIFIED (U)

9 FAM 502
Immigrant visa classifications

9 FAM 502.1

IV Classifications Overview

(CT:VISA-1714; 03-01-2023)
(Office of Origin: CA/VO)

9 fam 502.1-1 iv categories, beneficiaries

9 FAM 502.1-1(A) Related Statutory and Regulatory Authorities

9 FAM 502.1-1(A)(1) Immigration and Nationality Act

(CT:VISA-1; 11-18-2015)

INA 101(a)(27)(C) (8 U.S.C. 1101(a)(27)(C)); INA 101(b)(1)(E) (8 U.S.C. 1101(b)(1)(E)); INA 203(a)-(d) (8 U.S.C. 1153(a)-(d)); INA 203(g) (8 U.S.C. 1153(g)).

9 FAM 502.1-1(A)(2) Code of Federal Regulations

(CT:VISA-1; 11-18-2015)

22 CFR 40.1(a)(1); 22 CFR 42.11.

9 FAM 502.1-1(A)(3) Public Law

(CT:VISA-1; 11-18-2015)

Child Status Protection Act, Public Law 107-208.

9 FAM 502.1-1(B) IV Categories, Beneficiaries - Overview

(CT:VISA-1653; 11-23-2022)

To be eligible to apply for an IV, a foreign citizen must be sponsored by a U.S. citizen relative, U.S. LPR, or a prospective employer, with a few exceptions. The sponsor begins the immigration process by filing a petition on the foreign citizen beneficiary’s behalf with USCIS. There are several categories of IVs, including family-based, employment-based, special IVs that cover special types of workers or special circumstances, the yearly Diversity Visa program, and others. See a list of IV classifications and corresponding symbols in 9 FAM 502.1-3 below.

9 FAM 502.1-1(C) Principal and Derivative Beneficiaries

9 FAM 502.1-1(C)(1) Principal Applicants/Beneficiaries

(CT:VISA-1314; 07-08-2021)

A principal applicant, or beneficiary, is the applicant on whose behalf a petition can be filed directly.

9 FAM 502.1-1(C)(2) Derivative Applicants/Beneficiaries

(CT:VISA-1653; 11-23-2022)

a. Derivatives – Overview: A spouse or child acquired before the principal applicant’s admission to the United States or adjustment of status to that of an LPR, or a child born of a marriage which existed before the principal applicant’s admission to the United States as an immigrant or adjustment of status, who is accompanying or following to join the principal, should be accorded derivative status under INA 203(d).

b. Accompanying and Following-to-Join Derivatives:

(1) Accompanying:

(a) The term "accompanying" or "accompanied by" means not only an applicant in the physical company of a principal applicant but also an applicant who is issued an IV within 6 months of:

(i) The date of issuance of a visa to the principal applicant;

(ii) The date of adjustment of status in the United States of the principal; or

(iii) The date on which the principal applicant personally appears and registers before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child.

(b) An “accompanying” relative may not precede the principal applicant to the United States.

(2) Following-to-Join:

(a) Basis for Following-to-Join: The term “following to join,” as used in INA 101(a)(27)(C) and INA 203(d), permits an applicant to obtain an NIV or IV and the priority date of the principal applicant if the applicant following to join has the required relationship with the principal applicant. There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States. However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join. As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering a marriage. There is no requirement that the following-to-join applicant must take up residence with the principal applicant to qualify for the visa. The term “following to join” also applies to a spouse or child following to join a principal applicant who has adjusted status in the United States.

(b) Spouse or Child Acquired Before Admission of Principal Applicant: A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant.

(c) Child Born After Admission of Principal Applicant: A child born of a marriage which existed when the principal applicant was admitted to the United States is entitled to the principal applicant’s priority date because they were acquired before the principal applicant’s admission.

(d) Spouse or Child Acquired After Admission of Principal Applicant: A spouse or child acquired through a marriage which occurs after the admission of the principal applicant under INA 101(a)(27)(C) or INA 203(a) through INA 203(c) is not derivatively entitled to the status accorded by those provisions.

(e) Adopted Child: A child who qualified as a “child” under the provisions of INA 101(b)(1)(E) after the principal applicant’s admission but was adopted and was a member of the principal applicant’s household before the adoptive parent’s admission to the United States, is considered to have been acquired before the principal applicant’s admission.

(f) Effect of Principal’s Naturalization on Derivative Status: A “following-to-join” derivative must immigrate to the United States before any naturalization as a U.S. citizen. If the applicant fails to immigrate before any naturalization the citizen must file an immediate relative petition for the family members.

c. Determining Derivative Status: The principal applicant has the primary responsibility for establishing their legal resident status. Paragraphs (1) and (2) below address use of consular section records and other documentation to determine the principal applicant’s status, and paragraph (3) focuses on evidence of adjustment. See 9 FAM 202.2-6 for additional information on verification of LPR status, and 9 FAM 202.2-7 for additional information on LPR documentation.

(1) When Consular Section Records Exist:

(a) When a consular section issues the principal applicant a visa, it should maintain complete records regarding the principal applicant's issuance, classification, chargeability, and priority date to facilitate the processing of following-to-join beneficiaries. You must follow proper procedures in the automated IV processing system to ensure that following-to-join case records are maintained accurately. You should not create new cases for following-to-join applicants if the principal was issued a visa by your consular section.

(b) In cases where the principal applicant has been issued a visa at post, the you should establish a file for the following-to-join applicants which should include the following:

(i) Copy of the original petition;

(ii) Copy of the principal applicant’s IV application;

(iii) Copies of civil documents for each derivative beneficiary; and

(iv) Memorandum confirming biodata for derivative beneficiaries and tentative travel plans.

(c) In cases where the principal applicant plans to precede the family to the United States, you may wish to arrange an informal examination of the other members at the time of the principal’s application. This will allow you to ascertain whether any of the family members has a possible mental, physical, or other ground of ineligibility which may prohibit the issuance of a visa, and thus would prevent or delay them in joining the principal. See 9 FAM 504.9-5.

(2) When Consular Section Record Does Not Exist:

(a) If no record exists, you should make every effort to verify the principal applicant's visa category, chargeability, priority date, and admission into the United States based on available documentation such as:

(i) The Principal's Form I-551, Permanent Resident Card: Apart from a complete file at post, the principal applicant's Form I-551, Permanent Resident Card, is the best evidence of LPR status. The Form I-551 indicates the visa category and date of entry into the United States but an LPR does not receive a Form I-551 immediately. The demand on DHS card printing facilities to produce an increasing variety and number of cards has significantly increased the waiting period for the Permanent Resident Cards. The wait for a card can be up to a year, and, in some cases, even longer. You should not require the Form I-551 as a prerequisite for all following-to-join cases. See 9 FAM 202.2-7(A) for additional information on LPRs with Permanent Resident cards (I-551s);

(ii) Form I-895, Form I-181 or Form I-824: Form I-895, Attestation of Alien and Memorandum of Creation of Record of Lawful Permanent Residence; Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence; or Form I-824, Application for Action on an Approved Application or Petition (requested by the principal applicant) may document the principal applicant’s status;

(iii) Person Centric Query Service (PCQS): You can look up the Principal Applicant's record in PCQS if other documentation is not available. PCQS includes all information available on a Form I-551; or

(iv) Principal Applicant's ADIT Stamp Showing Entry as an Immigrant: When an immigrant enters the United States, DHS endorses their passport with an ADIT stamp. The ADIT stamp shows the date of entry into the United States, visa category, and employment authorization. This is the only evidence that the LPR will carry until the Form I-551, Permanent Resident Card, is received. ADIT stamps have, however, proven to be highly susceptible to fraud and thus should be cautiously accepted as primary evidence of following-to-join status. The information can be verified by PCQS. However, an ADIT stamp can be very useful secondary evidence, indicating that the individual may have a claim to derivative status and/or as a source of necessary data that may be missing from a file. See 9 FAM 202.2-7(B) for additional information on LPRs with valid ADIT stamps.

(3) When Principal Adjusts:

(a) In cases where the principal who adjusted status in the United States presents Form I-551, Permanent Resident Card, with the visa application of a relative entitled to derivative classification and priority date (see 9 FAM 503.3-2(D)), you should create a case record for the derivative applicants. At a minimum, this record should include:

(i) Name, date of birth, and place of birth of the visa applicant;

(ii) Name of the permanent resident and relationship to the applicant;

(iii) Date LPR status verified; and

(iv) LPR’s registration number, date of admission for permanent residence, and visa classification.

(b) When the principal in a preference status who acquires permanent resident status by adjustment under INA 245 indicates that they have family who will follow to join, DHS generally sends the Form I-895, Attestation of Alien and Memorandum of Creation of Record of Lawful Permanent Residence, to the consular office at the time of the principal’s adjustment. If, however, the Form I-895 has not been received, you may verify the status of the principal in PCQS.

d. Processing Derivative IV Cases:

(1) Processing a derivative IV case is essentially the same as processing the principal applicant's case, once you have established the follow-to-join family member's relationship to the principal applicant and that the applicant is therefore entitled to derivative status.

(2) Derivative beneficiaries should be namechecked in the Consular Lookout and Support System (CLASS). The fingerprints of applicants 14 years of age or older must be scanned. See 9 FAM 303.5 for more information on biometrics.

e. Fraud and Following-to-Join Cases: Since visa processing in follow-to-join cases is based primarily on documents presented by the applicant, a potential for fraud exists. Internal controls, document checks, and record verification are all means of guarding against fraud. However, you should establish clear, consistent procedures for handling following-to-join cases based on the level of fraud which exists in the country and the security of local civil documents. Where the consular section has issued a visa to the principal applicant, you should retain as much pertinent information as possible on derivative beneficiaries who may apply later. In cases where you receive DHS notification of the principal’s adjustment, confirmation of derivative beneficiaries’ identities and claimed relationship is essential.

9 FAM 502.1-1(D) Child Status Protection Act

9 FAM 502.1-1(D)(1) The Child Status Protection Act (CSPA) – Background

(CT:VISA-1653; 11-23-2022)

a. The Child Status Protection Act (CSPA), Public Law 107-208, permits an applicant for certain immigration benefits to retain classification as a child under the INA, even if they have reached the age of 21. If an applicant qualifies for CSPA benefits, the applicant’s age is frozen at the age calculation provided for in the CSPA. Under certain conditions, an applicant whose CSPA age is determined to be younger than 21 and is unmarried will continue to be treated as a child for immigration purposes throughout the processing of the case. See 9 FAM 502.1-1(D)(4) and 9 FAM 502.1-1(D)(5) below.

b. The CSPA potentially applies to virtually all IV cases including immediate relatives, family and employment-based visa classifications, derivatives in Diversity Visa (DV) cases, derivatives in Special Immigrant Visa (SIV) cases, beneficiaries under the Violence Against Women Act (VAWA), and derivatives in asylee and refugee cases (for classes not covered by CSPA, see 9 FAM 502.1-1(D)(3) below).

9 FAM 502.1-1(D)(2) Applicability of the CSPA

(CT:VISA-1653; 11-23-2022)

a. The CSPA was enacted into law on August 6, 2002, and applies to any applicant who had an approved IV petition before the enactment of the CSPA but had not yet applied for permanent residence (either an IV application or an application for adjustment of status). It also applies to applicants whose IV petitions were approved after August 6, 2002.

b. In immediate relative (IR) cases and immediate beneficiary (IB) cases under the Violence Against Women Act, if the applicant was under the age of 21 at the time a petition was filed by their parent for classification as an IR or IB, the applicant will not age out provided the applicant did not have a final decision before August 6, 2002, on an application for permanent residence or an IV application.

c. The CSPA also applies to an applicant whose visa became available on or after August 7, 2001, and who did not apply for permanent residence within one year of the visa availability but would have qualified for CSPA coverage had they applied but for prior guidance from USCIS concerning the CSPA effective date. In such cases, an IV applicant for a family or employment preference category who would not have qualified under prior guidance from USCIS is not required to demonstrate that they sought to acquire LPR status within one year of a visa becoming available to benefit from the CSPA.

9 FAM 502.1-1(D)(3) Inapplicability of the CSPA

(CT:VISA-1653; 11-23-2022)

a. Notwithstanding the visa classifications for which the CSPA does apply (see 9 FAM 502.1-1(D)(2) above), the CSPA does not apply to any applicant:

(1) Who, before August 6, 2002, the date the CSPA was enacted, had a final decision on an IV application or adjustment of status application based on an IV petition in which the applicant claimed to be a child; and

(2) Who aged out (i.e., had reached the age of 21) before August 6, 2002.

b. The CSPA applies only to IV classifications expressly specified in the statute. The CSPA does not provide child age protection for NIVs (e.g., K or V). Additionally, beneficiaries of petitions and their derivatives under the following programs are not specifically provided for in the CSPA:

(1) Nicaraguan Adjustment and Central American Relief Act (NACARA, see 9 FAM 502.6-2)

(2) Haitian Refugee Immigrant Fairness Act (HRIFA)

(3) Family Unity (see 9 FAM 302.9-7(D)(1))

(4) Cuban Adjustment Act

(5) Chinese Student Protection Act

(6) Special Immigrant Juvenile (see 9 FAM 502.5-7)

9 FAM 502.1-1(D)(4) Calculation of CSPA Age for Preference Categories and Derivative Petitions

(CT:VISA-1714; 03-01-2023)

a. For most preference category and derivative petitions, the “CSPA age” is determined on the date that the visa, or in the case of derivative beneficiaries, the principal applicant’s visa became available (i.e., the date on which the priority date became current in the Application Final Action Dates and the petition was approved, whichever came later). The CSPA age is the result of subtracting the number of days that the IV petition was pending with USCIS (from date of receipt to date of approval, including any period of administrative review) from the actual age of the applicant on the date that the visa became available. Administrative review includes any period during which USCIS is reviewing a previously approved petition. The administrative review period may include the time it takes for USCIS to review a previously approved petition returned to USCIS by a consular officer for review and revocation. The CSPA age adjustment period would run from the date of petition filing until the date USCIS takes final action on the petition. You should note that in some cases, such as employment preference cases based on the filing of a labor certification, the priority date is not the same as the petition filing date. The petition filing and petition approval dates are the only relevant dates. Time waiting for a labor certification to be approved or for a priority date to become current is not included.

b. However, for a second preference petition filed for a child of an LPR (F2A visa classification) where the petitioner naturalizes after filing the petition and resides in a state or territory within the jurisdiction of the Second Circuit or Ninth Circuit -- Alaska, Arizona, California, Connecticut, Hawaii, Idaho, Montana, Nevada, New York, Oregon, Vermont, Washington, Guam, or the Northern Mariana Islands -- at the time of naturalization, calculate the CSPA age by using the date of the petitioner's naturalization as the date a visa became available. Therefore, the CSPA age is calculated by subtracting the number of days that the petition was pending with USCIS (from date of receipt to date of approval, including any period of administrative review) from the biological age of the applicant on the date that the petitioner naturalized. You must also use the date of the petitioner's naturalization in determining whether the applicant "sought to acquire" LPR status within one year of the date of visa availability (i.e., the date of naturalization). See 9 FAM 502.1-1(D)(5)(3) below for additional guidance on petition conversion.

(1) To determine whether to apply the guidance above, you should request proof of naturalization if it has not already been provided. In addition, you should determine whether the petitioner resided in a Second or Ninth Circuit state or territory at the time of naturalization by reviewing the petitioner's address as listed in the case documents, including the petition, DS-260 application, and current tax returns. If there is a discrepancy in the address in the documents, you should ask for the petitioner's current address. If the petitioner is currently residing overseas, you may inquire where the petitioner resided at the time of naturalization. You should generally accept a petitioner or beneficiary's statement as to the petitioner's residence at the time of naturalization, but if you have reason to believe that the petitioner did not actually reside in a state or territory within the jurisdiction of the Second or Ninth Circuits at the time of naturalization, you must request an AO from your L/CA portfolio holder.

c. For DV cases, the period during which the “petition is pending” is necessarily different. That period is calculated using the first day of the DV application period for the program year in which the principal applicant qualified and the date on which notifications that entrants had been selected become available. That time difference will be subtracted from the derivative applicant’s age on “the date the visa becomes available” to the principal applicant. The date a visa becomes available for a DV case is the first day on which the principal applicant’s rank selection number is current for visa processing.

d. For SIV cases for certain U.S. government employees (other than special immigrants from Iraq and Afghanistan, the CSPA age is the result of subtracting the number of days that the DS-1884 petition was pending with post, if any, from the actual age of the applicant on the date that the visa became available. The time a petition is pending is the period between the applicant's submission of a properly completed Form DS-1884, which sets the Priority Date, and the consular officer's signature at the top of Form DS-1884, which signifies approval of the Form DS-1884. The date a visa becomes available for an SIV case is determined as follows:

(1) If the fourth preference employment-based category is "current" (indicated with a “C” in the Visa Bulletin and meaning that numbers are authorized for issuance to all qualified applicants), the visa will be available to the applicant once the consular officer approves the Form DS-1884. In these cases, any children determined in accordance with the CSPA to be under 21 when the DS-1884 is approved will lock in that age for CSPA purposes so long as they seek to acquire LPR status within a year of visa availability (e.g., file the DS-260). Applicants who timely seek to acquire LPR status will lock in their age, even if the category becomes oversubscribed prior to visa issuance. See 9 FAM 502.1-1(D)(7).

(2) If the fourth preference employment-based category is oversubscribed, the applicant’s visa will become available when their priority date is earlier than the final action date in the Visa Bulletin (as would be the case for any other preference visa category).

e. If you need to determine the date on which a priority date first fell within the Application Final Action Dates for purposes of determining what the applicant's age was on the date the case became current, you should refer to their monthly Visa Bulletin files. Alternatively, officers may access this information through the CCD:

(1) Go to the Consular Consolidated Database Web site, then go to the "Immigrant & Diversity Visa" tab and scroll down to the "IV Cutoff Dates by Visa Class" under "Reference Data." You can search by post code and date range.

(2) If consular section records or this online site do not have the necessary information, you may contact CA/VO/DO/I for further assistance on historical movements of the Application Final Action Dates ("cutoff dates"). Note that in following-to-join cases the date of first visa availability is not the date when the principal adjusted status in the United States. Adjustment of status often does not take place until long after a visa is first available to the principal.

f. If an applicant benefits from both the 45-day provision of the USA PATRIOT Act and the age-out protection in the CSPA, you should apply both statutes to the advantage of the beneficiary. See 9 FAM 502.1-1(D)(8) below.

g. While the CSPA may prevent the applicant's age from changing, the applicant must still meet the other criteria for "child" status, including being unmarried. Therefore, if the applicant marries, the applicant will lose "child" status (even though the applicant's age, for immigration purposes, may be under 21 because of the CSPA). A divorce that occurs after the child’s 21st birthday and after the visa becomes available will not restore “child” status because the applicant was married at the time of visa availability. However, if the applicant divorces before the visa becomes available to the applicant as either the principal applicant or the derivative beneficiary, then the divorce may restore the applicant to “child” status if the applicant’s CSPA age is under 21.

9 FAM 502.1-1(D)(5) Conversion of Petition Status

(CT:VISA-1653; 11-23-2022)

CSPA coverage may vary depending on the changed circumstances affecting visa petitions, as noted in some of the examples below. This is true for both immediate relative and preference beneficiaries.

(1) Visa Classification Under an IR Category:

(a) For IR and IB cases, if the beneficiary is under the age of 21 on the date of the petition filing, mathematically the applicant cannot age out. The beneficiary will qualify as a child if the beneficiary remains unmarried. There is no requirement to seek to acquire LPR status within one year for IR and IB cases.

(b) For petitions filed for a beneficiary as the child of an LPR where the petition was later changed to an immediate relative petition due to the naturalization of the parent while the beneficiary was younger than 21, then mathematically the applicant cannot age out. As above, the beneficiary will qualify as a child if the beneficiary remains unmarried. If the beneficiary’s true age was over 21 on the date the petitioner naturalized, then the petition will not convert to the immediate relative category and will remain under a family preference category.

(2) Visa Classification Under a Preference Category:

(a) If it is determined that the child of the beneficiary of a second preference petition is over the age of 21 for CSPA purposes, and the petitioner naturalizes, the petition is automatically converted to either first or third preference (provided the marriage occurred after the naturalization of the petitioner). In such instances the beneficiary will retain the priority date.

(b) Beneficiaries of family second preference petitions filed as F2B that were automatically converted to family first preference (F1) upon the petitioning parent’s naturalization may exercise the right to “opt out” of the conversion. This also applies even if the petition in question was originally filed in the F2A category but has now been converted to F2B. Such automatic conversion from second to first preference status could disadvantage an applicant if the F1 Application Final Action Date is less favorable.

(c) Currently, only USCIS can approve “opt-out” requests. To request an opt-out, you should send an email, which only includes the receipt number and individual’s name in the subject line, to the following automated inbox: opt-out@uscis.dhs.gov. You do not need to submit any supporting documents for the email opt-out request. You will then receive an automated response approving the request. Only consular officers may send the email, which should be from their official state.gov email address.

(d) For a derivative beneficiary in family and employment-based cases, DV cases, and SIV cases, if the derivative beneficiary’s “CSPA age‟ is under 21, the applicant must seek to acquire LPR status within one year of visa availability for CSPA coverage to continue (see 9 FAM 502.1-1(D)(6) below). Be aware, however, that retrogression of visa numbers that affects visa availability during that year may extend possible CSPA coverage (see 9 FAM 502.1-1(D)(7), Retrogression of Visa Numbers below).

9 FAM 502.1-1(D)(6) Sought to Acquire LPR Status Provision

(CT:VISA-1683; 01-09-2023)

a. In family and employment-based preference, DV, and SIV cases the applicant must seek to acquire LPR status within one year of visa availability. The one-year requirement does not apply in IR or IB cases.

(1) The one-year requirement generally means that the applicant must have submitted the completed Form DS-260, Part I within one year of a visa becoming available. However, if the principal applicant adjusted to LPR status in the United States and the derivative seeks a visa to follow to join, then the law requires generally that the principal has filed a Form I-824 within one year of a visa becoming available. The submission of a Form DS-260 that covers only the principal applicant will not serve to meet the requirement for the child.

(2) You should be aware that because the Form I-824 did not have a field specifically to list derivative beneficiaries, there is no requirement that the principal applicant attempt to amend the form to reflect the names of derivative applicants. Therefore, the timely filing of the Form I-824 by the principal applicant in the United States will meet the CSPA requirement to seek to acquire LPR status within one year of visa availability.

(3) The filing of a Form I-485, Application to Adjust Status, by the principal in the United States does not satisfy the "sought to acquire" provision on behalf of a following to join derivative. However, a beneficiary can satisfy the "sought to acquire" requirement by paying IV fees, filing a Form I-864, Affidavit of Support (only if the applicant is listed on the Affidavit of Support), or paying the Form I-864 filing fee to NVC (only if the applicant is listed on the Affidavit of Support filed with the NVC). For questions about individual, fact-specific circumstances that may meet the "sought to acquire" requirement, submit an AO request to L/CA.

b. INA 203(h) requires that a beneficiary seek to acquire LPR status within one year, not that the applicant acquire such status within one year. Therefore, if the applicant files a Form DS-260 but has their IV refused but the ground of refusal can be overcome, or if the applicant is the beneficiary of a Form I-824 that is rejected for a procedural reason, the act of filing the Form DS-260 or Form I-824 may still satisfy the statute.

9 FAM 502.1-1(D)(7) Retrogression of Application Final Action Dates

(CT:VISA-1653; 11-23-2022)

a. A beneficiary must have one full year of visa availability to seek to acquire LPR status. If an Application Final Action Date retrogresses (e.g., employment-based third preference numbers are unavailable) or the preference category changes (e.g., F1 converts to F3) within one year of visa availability and the visa applicant has not yet sought to acquire LPR status, then once a visa number becomes available again the one-year period starts over. The beneficiary’s age under the CSPA is re-determined using the subsequent Application Final Action Date.

b. If a visa availability date retrogresses before the visa had been available for one full year, any actions taken within one year of the visa becoming available and that satisfy the "sought to acquire" requirement (see 9 FAM 502.1-1(D)(6)) above will be sufficient to lock in the applicant’s CSPA age as of the first day the visa became available during this period.

c. For example: If a visa became available on June 1, 2015, the visa availability date retrogressed on July 1, 2015, and the applicant sought to acquire a visa on August 1, 2015, by paying IV fees, the applicant's CSPA age would be locked in as of June 1, 2015, based on seeking to acquire within one year of visa availability. The next time the visa becomes available, you would calculate the CSPA age as of June 1, 2015.

9 FAM 502.1-1(D)(8) Applicants Qualifying Under Section 424 of the USA PATRIOT ACT or the CSPA

(CT:VISA-1653; 11-23-2022)

a. In all cases in which an applicant qualifies under section 424 of the USA PATRIOT Act for visa validity for 45 days beyond the applicant’s 21st birthday, the visa should be issued for the additional 45 days. The USA PATRIOT Act applies to petitions filed on or before September 11, 2001, for which the applicant aged out after September 11, 2001.

b. You must override the age 21 final action date (cutoff date) in the IV software to apply the extra days. Some cases will qualify under the 45 days of the USA PATRIOT Act and the CSPA. In those cases, the 45 days of the USA PATRIOT Act should be included in calculation of the applicant’s age under the CSPA (see 9 FAM 502.1-1(D)(4) paragraph e above).

c. Any consular section that is not able to process either a USA PATRIOT Act case or a CSPA case to conclusion using the IV system should request assistance from the CA Support Desk or by e-mail at CAServiceDesk@state.gov.

d. For more information on processing applicants qualifying under the USA PATRIOT Act, see 9 FAM 502.1-2(D) paragraph a(3) below.

9 FAM 502.1-1(D)(9) Consular Processing in CSPA Cases – Advisory Opinions

(CT:VISA-1653; 11-23-2022)

a. The Department recognizes the complexity of the CSPA legislation. An AO request should be submitted to the L/CA in two specific instances:

(1) If the applicant applied before August 6, 2002, and was refused under 221(g) or on some other ground besides “aging out,‟ but that other refusal ground has been overcome/waived; or

(2) If you encounter a case involving a derivative following to join a legally admitted immigrant or adjusted principal who has not filed Form I-824, Application for Action on an Approved Application or Petition, on the derivative’s behalf within the required period, but you have determined that the derivative has taken some other concrete step to obtain LPR status within the required one-year period.

b. If you have any questions about the applicability of the CSPA in a case, an AO request may be submitted to the Department (L/CA). Any such requests should include the following information:

(1) The applicant's date of birth;

(2) The IV category;

(3) Whether the applicant is a principal or derivative;

(4) Whether the petitioner naturalized and, if so, the date of naturalization;

(5) The applicant's marital status and, if ever married, the dates of marriage and dates of divorces;

(6) The priority date of the petition;

(7) The date the petition was filed;

(8) The date the petition was approved;

(9) The date the priority date became current in the Application Final Action Dates;

(10) The applicant's age on the date that a visa became available (i.e., age on date of petition approval or on date priority date became current in the Application Final Action Dates, whichever is later);

(11) The date the applicant submitted the Form DS-260 or the date the principal filed the Form I-824;

(12) The date(s) the principal and relevant derivative applicant applied for the IV; and

(13) If any IV application(s) were made before the effective date of the CSPA, the outcome of the prior application(s).

9 FAM 502.1-2 Eligibility for IV Classification

9 FAM 502.1-2(A) Related Statutory and Regulatory Authorities

9 FAM 502.1-2(A)(1) Immigration and Nationality Act

(CT:VISA-1; 11-18-2015)

INA 201(b) (8 U.S.C. 1151(b)); INA 203(a) (8 U.S.C. 1153(a)); INA 203(g) (8 U.S.C. 1153(g)); INA 204 (8 U.S.C. 1154).

9 FAM 502.1-2(A)(2) Code of Federal Regulations

(CT:VISA-1; 11-18-2015)

8 CFR 103.2; 8 CFR 204.2(h); 8 CFR 204.5.

9 FAM 502.1-2(A)(3) Public Law

(CT:VISA-1529; 04-12-2022)

Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, sec. 40701 (also known as the Violence Against Women Act of 1994 (VAWA)); Victims of Trafficking and Violence Protection Act of 2000 (VAWA 2000), Public Law 106-386; Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162; Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public Law 113-4; USA PATRIOT ACT, Public Law 107-56, sec. 421(b)(1)(B)(i); Department of Homeland Appropriations Act, 2010, Public Law 111-83, sec. 568(c).

9 FAM 502.1-2(B) General IV Classification Guidelines

(CT:VISA-1529; 04-12-2022)

An applicant shall be entitled to immigrant classification if:

(1) The applicant is the beneficiary of an approved petition according immediate relative or preference status;

(2) Has satisfied you that they are entitled to special immigrant status under INA(101)(a)(27) (A) or (B);

(3) Is entitled to status as a Vietnam Amerasian under section 584(b)(1) of section 101(e) of Public Law 100–202 as amended by Public Law 101–167 and Public Law 101–513; or

(4) Is entitled to status as a diversity immigrant under INA 203(c). See all IV classifications below.

9 FAM 502.1-2(C) Petitions and IV Classifications

(CT:VISA-1653; 11-23-2022)

a. Petitions and Entitlement to IV Status: You must not issue an IV without receipt from DHS of an approved immigrant petition. The approval of a petition under INA 204 is establishes prima facie entitlement to status. The validity of the relationship between the petitioner and the applicant beneficiary, familial or employer and/or employee, is presumed to exist. However, the approved petition does not relieve the applicant of the burden of establishing visa eligibility. You should confirm that the facts claimed in the petition are true during the visa interview. Remember that USCIS interacts solely with the petitioner; the interview is the first point during the petition-based visa process where a USG representative can interact with the beneficiary of the petition. Additionally, you benefit from cultural and local knowledge that adjudicators at USCIS do not possess, making it easier to spot misrepresentation in qualifications. See 9 FAM 504.2 for additional information on IV petitions.

b. Petition Validity and Termination of Relationship:

(1) Family-Based IV Classifications: Unless an application is terminated pursuant to INA 203(g) (see 9 FAM 504.13) or revoked pursuant to 8 CFR 205.1, the approval of a petition to classify an applicant as an immediate relative under INA 201(b) or a preference applicant under INA 203(a)(1), (2), (3), or (4) must remain valid for the duration of the relationship to the petitioner, and of the petitioner’s status, as established in the petition. A petition filed by a battered or abused spouse or child under INA 204(a)(1)(A)(iii)(I) or INA 204(a)(1)(B)(iii), however, may not be revoked solely due to termination of the relationship.

(2) Employment-Based IV Classifications: Unless an application is terminated pursuant to INA 203(g) (see 9 FAM 504.13-2(A)(2) and 9 FAM 504.13-4(A)) or is revoked under 8 CFR 205.1, the approval of an employment preference petition based on an approved labor certification is valid indefinitely until the applicant immigrates or adjusts status.

(3) See 9 FAM 502.1-2(D) below for information on the effects of changes to family, employment, and petitioner circumstances on IV classifications and petitions.

c. Filing IV Petitions to Demonstrate IV Status:

(1) In most cases, it is the prospective immigrant’s family member or future employer who will file the appropriate petition to start the IV case. However, there are a few groups of individuals who can self-petition:

(a) E1 Applicants of extraordinary ability (see 9 FAM 502.4-2);

(b) E2 Applicants of exceptional ability (see 9 FAM 502.4-3);

(d) DV applicants (self-submitted entry functions like a petition – see 9 FAM 502.6);

(e) Widow/Widower of U.S. citizen (see 9 FAM 502.1-2(C) paragraph c(2) below);

(f) Battered and/or Abused Spouse, Intended Spouse, or Former Spouse; or Child of a U.S. Citizen or Legal Permanent Resident; or Battered and/or Abused Parent of a U.S. Citizen who is 21 years of age or older (see 9 FAM 502.1-2(C) paragraph c(3) below); and

(g) Spouse, child or adult son or daughter of an LPR killed in the September 11 attacks (see 9 FAM 502.1-1(D)(8) above and 9 FAM 502.1-2(D) paragraph a(3) below).

(2) Widow/Widower of U.S. Citizen:

(a) The spouse of a deceased U.S. citizen may file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for classification as an immediate relative under INA 201(b) provided the spouse:

(i) Was the U.S. citizen’s legal spouse;

(ii) Was not legally separated at the time of the spouse’s death;

(iii) Has not remarried; and

(iv) Either files a petition under INA 204(a)(1)(A)(ii) within two years of the spouse’s death; or

(v) Is the beneficiary of a Form I-130, Petition for Applicant Relative, filed on the widow(er)’s behalf by the U.S. citizen spouse before their death. Such petitions will automatically convert to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, so long as, on the date of the U.S. citizen spouse’s death, the beneficiary qualified as an immediate relative under the INA.

(b) Widow(er)s married less than two years may also self-petition. The child of a qualifying widow or widower is also entitled to status as a derivative if accompanying or following to join the principal beneficiary. See 9 FAM 502.2-2(B) paragraphs d(3) and e for more on IV classification for widow(er)s and their derivative children.

(3) Battered and/or Abused Spouse, Intended Spouse, or Former Spouse; or Child of U.S. Citizen or LPR: Section 40701 of the Violent Crime Control Act (Public Law 103-322), also known as the Violence Against Women Act of 1994 (VAWA), signed into law on September 13, 1994, amended INA 204 to allow certain spouses and children of U.S. citizens and permanent resident applicants to self-petition for immediate relative (IR) and family second preference classification. The Victims of Trafficking and Violence Protection Act of 2000 removed the requirement that self-petitioners be married to the abuser at the time of filing and created a definition of “intended spouse.” The Violence Against Women and Department of Justice Reauthorization Act of 2005 created self-petitioning provisions for abused parents of U.S. citizens 21 years of age or older. See paragraph (b) below.

(a) Requirements for Battered/Abused Self-Petitioner: The applicant spouse, intended spouse, or former spouse; or child who has been battered by, or subjected to extreme cruelty committed by, a U.S. citizen or permanent resident relative; or the parent of a U.S. citizen son or daughter 21 years of age or older may file a petition for IR or family second preference classification if the:

(i) Applicant is residing, or has resided in the past with the abusive U.S. citizen or LPR;

(ii) Applicant is of good moral character;

(iii) Applicant is eligible for immigrant classification as an immediate relative or under a family-based preference category;

(iv) Marriage was entered into in good faith (for self-petitioning spouses only); and

(v) Applicant was subjected to battery, or extreme cruelty perpetrated by the U.S. citizen or LPR during the qualifying relationship (self-petitioning spouses may also be eligible based on the battery or extreme cruelty inflicted on their child).

(b) Filing VAWA Self-Petitions: A self-petition cannot be filed or accepted at a U.S. embassy or consulate abroad. A self-petition also cannot be filed at a DHS Service office abroad; it must be filed at the DHS Vermont Service Center. The Vermont Service Center has been designated to handle all petitions filed by self-petitioning battered applicants. The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, should be mailed to:

USCIS Vermont Service Center

38 River Road

Essex Junction 05479-0001

ATTN: Family Service Product Line (VAWA)

(c) Priority Date of Self-Petition: The priority date of a self-petition is the date on which the petition is properly filed, provided it is properly signed and executed, the required fee is attached, and it otherwise complies with 8 CFR 103.2. If the applicant is the beneficiary of an earlier-filed family-based visa petition by the abuser to accord the self-petitioner immigrant classification, the earlier priority date may be assigned.

(d) Effect on Other Approved Petitions: The approval of a self-petition has no effect on a relative petition. An applicant may be both the beneficiary of a self-petition and the beneficiary of a relative visa petition filed by the abuser. Qualified persons may seek IVs based on either petition, whichever is most advantageous.

(e) Spousal Self-Petitions Based on Abuse of Child: A spouse may file a self-petition based on abuse committed against the spouse’s child born in wedlock, a stepchild, a legitimate child, a child born out of wedlock, or an adopted child.

9 FAM 502.1-2(D) Changes to IV Classifications, Petitions

(CT:VISA-1653; 11-23-2022)

a. Changes in Family or Relationship Status: See 9 FAM 502.2-3(D) for additional information on automatic conversion of family preference petitions and 9 FAM 502.2 for additional information on family-based IV classifications.

(1) Petitioner’s Naturalization (Family Second Preference Petition):

(a) In the event of the petitioner's naturalization after approval of a family second petition but before visa issuance, in accordance with DHS regulations (8 CFR 204.2(i)(3)), the petition is automatically converted as of the date of the petitioner’s naturalization to accord immediate relative (IR) status under INA 201(b) for the spouse (automatically converted from F21 to IR1) or child (automatically converted from F22 to IR2), or first preference status under INA 203(a)(1) for an unmarried son or daughter (automatically converted from F24 to F11).

(b) Proof of naturalization must be submitted to you when you consider the visa application, and you must include it in the issued visa. The petition need not be returned to USCIS for re-approval. If notification of the naturalization has been received from USCIS in the form of a letter, you must attach it to the petition.

(c) Automatic conversion of a petition is not authorized for an applicant who is a derivative beneficiary (F23 or FX3) of a petition filed by an LPR who then becomes a U.S. citizen. The principal beneficiary must file (and obtain USCIS approval of) a Form I-130, Petition for Alien Relative (family second preference) upon the principal’s admission to the United States before the derivative applicant may be granted a visa.

(2) Petitioner’s Death (Widow(er)):

(a) USCIS regulations allow for the automatic conversion of a Form I-130, to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant upon the petitioner’s death in the case of an immediate relative spouse (now widow(er)) of a U.S. citizen. No further action is required on the part of USCIS to automatically convert the petition, nor does any revocation and reinstatement need to be performed. See 8 CFR 204.2(i)(1)(iv).

(b) Widow(er)s married less than two years may also self-petition and are included in the auto conversion regulation. Children of the widow(er) are also included on the widow(er)’s Form I-130/Form I-360 converted petition without the need for a separate I-360 or I-130 petition (see the 2010 FY DHS Appropriations Act, Public Law No 111-83, Section 568(c)). See 9 FAM 502.1-2(C) above for additional information on self-petitioning for widow(er)s, and 9 FAM 502.2-2(B) paragraph e. for more on the widow(er) classification.

(3) Petitioner Killed in September 11, 2001 Terrorist Attack: Under section 421(b)(1)(B)(i) of the USA PATRIOT Act, a petition approved for the spouse or child, son, or daughter of a beneficiary killed in the September 11, 2001 terrorist attacks must remain valid indefinitely and continues as if the petitioner had not died. The beneficiary may retain their priority date. See 9 FAM 502.1-1(D)(8) above for additional information on September 11-related provisions.

(4) Battered/Abused Petition Conversion:

(a) A self-petition on behalf of a battered or abused child will be automatically converted and the priority date will be preserved in the following instances:

(i) The approved self-petition for IR classification for a child of a U.S. citizen must be automatically converted to a first or third preference petition when the self-petitioner either reaches 21 years of age or marries; and

(ii) The approved self-petition for second preference status for a child of an LPR must be automatically converted to a petition for classification as the unmarried son or daughter of a LPR when the unmarried self-petitioner reaches 21 years of age.

(b) There is, however, no automatic upgrade of the second preference petition to IR classification if the abuser becomes a U.S. citizen, although the abused child can file a new self-petition for IR classification. Renunciation of citizenship or abandonment of LPR status by the abuser will not affect the validity of an approved petition. See 9 FAM 502.1-2(C) above for additional information on filing VAWA self-petitions.

b. Changes in Employment Status: See also 9 FAM 502.4 for additional information on employment based IV classifications.

(1) Change in Job Location: Except for a Schedule A labor certification, which is valid anywhere in the United States, a labor certification is valid only for the area within normal commuting distance of the site of the original offer of employment. (Any location within a Metropolitan Statistical Area is deemed to be within normal commuting distance.) If there is a change in job location, you must return the petition to the DHS jurisdiction office for action, and the petitioner must file a new petition with the DHS Service Center having jurisdiction over the intended place of employment.

(2) Change of Employer: If the beneficiary of an approved petition changes employers, you should send the petition to the DHS jurisdictional office. DHS will reaffirm the validity of a previously approved petition only when there is a successorship in interest (i.e., when the business is merged, acquired, or purchased by another business). In addition, the new employer must offer the same wages and working conditions, offer the beneficiary the same job as stated on the original labor certification, and must continue to operate the same type of business as the original employer.

(3) Company Name Change: A situation may arise whereby a petitioning business will have changed its name between the time a petition is approved and the date of the beneficiary's visa issuance. In such instances, DHS does not need to review the petition or issue any further documentation if the only change is the change in the name of the company. If you are satisfied that the evidence presented makes clear that only the company name has changed, as opposed to a change of ownership or company location, DHS need not be consulted. The visa must be annotated; e.g., "ABC, Inc. formerly XYZ, Inc."

c. Conversion of Older Family-Based IV Petitions Based on Legislative Changes:

(1) Family-Sponsored Petitions Approved Before 1965 Amendments: Form I-130 petitions approved in accordance with the Immigration and Nationality Act of 1952 before the 1965 amendments were automatically converted to the new preference or immediate relative status in 1965.

(2) Family-Sponsored Petitions Approved before October 1, 1991: Family-sponsored petitions approved under the Immigration and Nationality Act before October 1, 1991, automatically convert to the corresponding new family preference category.

(3) See 9 FAM 502.2, Family-Based IV Classification for general information.

d. Abandonment of LPR Status: There is no legal restriction preventing an LPR from obtaining another IV in a different preference status to confer derivative status on a spouse or child. There is also no requirement that the resident abandon their LPR status.

9 FAM 502.1-3 IV Classification Symbols

(CT:VISA-1314; 07-08-2021)

A visa issued to an immigrant applicant within one of the classes described below must bear an appropriate visa symbol to show the classification of the applicant.

SYMBOL	CLASS	SECTION OF LAW
Immediate Relatives
IR1	Spouse of U.S. Citizen	INA 201(b).
IR2	Child of U.S. Citizen	INA 201(b).
IR3	Orphan Adopted Abroad by U.S. Citizen	INA 201(b) & INA 101(b)(1)(F).
IH3	Child from Hague Convention Country Adopted Abroad by U.S. Citizen	INA 201(b) & INA 101(b)(1)(G).
IR4	Orphan to be Adopted in U.S. by U.S. Citizen	INA 201(b) & INA 101(b)(1)(F).
IH4	Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen	INA 201(b) & INA 101(b)(1)(G).
IR5	Parent of U.S. Citizen at Least 21 Years of Age	INA 201(b).
CR1	Spouse of U.S. Citizen (Conditional Status)	INA 201(b) & 216.
CR2	Stepchild of U.S. Citizen (Conditional Status)	INA 201(b) & 216.
IW1	Certain Spouses of Deceased U.S. Citizens	INA 201(b).
IW2	Child of IW1	INA 201(b).
IB1	Self-petition Spouse of U.S. Citizen	INA 204(a)(1)(A)(iii).
IB2	Self-petition child of U.S. Citizen	INA 204(a)(1)(A)(iv).
IB3	Child of IB1	INA 204(a)(1)(A)(iii).
Vietnam Amerasian Immigrants
AM1	Vietnam Amerasian Principal	Section 584(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202) as amended.
AM2	Spouse or Child of AM1	Section 584(b)(1)(A) and 584(b)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202) as amended.
AM3	Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 (and Spouse or Child of Such Person)	Section 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202) as amended.
Special Immigrants
SB1	Returning Resident	INA 101(a)(27)(A).
SC1	Person Who Lost U.S. Citizenship by Marriage	INA 101(a)(27)(B) & 324(a).
SC2	Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces	INA 101(a)(27)(B) & 327.
SI1	Certain Aliens Employed by the U.S. Government in Iraq or Afghanistan as Translators or Interpreters	Section 1059 of Public Law 109-163 as amended by Public Law 110-36.
SI2	Spouse of SI1	Section 1059 of Public Law 109-163 as amended by Public Law 110-36.
SI3	Child of SI1	Section 1059 of Public Law 109–163 as amended by Public Law 110–36.
SM1	Alien Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years	INA 101(a)(27)(K).
SM2	Spouse of SM1	INA 101(a)(27)(K).
SM3	Child of SM1	INA 101(a)(27)(K).
SQ1	Certain Iraqis or Afghans Employed by or on Behalf of the U.S. Government	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111–8 and Section 1244 of Public Law 110–181.
SQ2	Spouse of SQ1	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111–8 and Section 1244 of Public Law 110–181.
SQ3	Child of SQ1	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111–8 and Section 1244 of Public Law 110–181.
SU2	Spouse of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU3	Child of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU5	Parent of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
Family-Sponsored Preferences
Family 1st Preference
F11	Unmarried Son or Daughter of U.S. Citizen	INA 203(a)(1).
F12	Child of F11	INA 203(d) & 203(a)(1).
B11	Self-petition Unmarried Son or Daughter of U.S. Citizen	INA 204(a)(1)(A)(iv) & INA 203(a)(1).
B12	Child of B11	INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(1).
Family 2nd Preference (Subject to Country Limitations)
F21	Spouse of Lawful Permanent Resident	INA 203(a)(2)(A).
F22	Child of Lawful Permanent Resident	INA 203(a)(2)(A).
F23	Child of F21 or F22	INA 203(d) & INA 203(a)(2)(A).
F24	Unmarried Son or Daughter of Lawful Permanent Resident	INA 203(a)(2)(B).
F25	Child of F24	INA 203(d) & INA 203(a)(2)(B).
C21	Spouse of Lawful Permanent Resident (Conditional)	INA 203(a)(2)(A) & INA 216.
C22	Stepchild of Alien Resident (Conditional)	INA 203(a)(2)(A) & INA 216.
C23	Child of C21 or C22 (Conditional)	INA 203(d), INA 203(a)(2)(A) & INA 216.
C24	Unmarried Son or Daughter of Lawful Permanent Resident (Conditional)	INA 203(a)(2)(B) & INA 216.
C25	Child of F24 (Conditional)	INA 203(d), INA 203(a)(2)(B) & INA 216.
B21	Self-petition Spouse of Lawful Permanent Resident	INA 204(a)(1)(B)(ii).
B22	Self-petition Child of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
B23	Child of B21 or B22	INA 203(d) & INA 204(a)(1)(B)(ii).
B24	Self-petition Unmarried Son or Daughter of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
B25	Child of B24	INA 203(d) & INA 204(a)(1)(B)(iii).
Family 2nd Preference (Exempt from Country Limitations)
FX1	Spouse of Lawful Permanent Resident	INA 202(a)(4)(A) & INA 203(a)(2)(A).
FX2	Child of Lawful Permanent Resident	INA 202(a)(4)(A) & INA 203(a)(2)(A).
FX3	Child of FX1 or FX2	INA 202(a)(4)(A), INA 203(a)(2)(A) & INA 203(d).
CX1	Spouse of Lawful Permanent Resident (Conditional)	INA 202(a)(4)(A), INA 203(a)(2)(A) & INA 216.
CX2	Stepchild of Lawful Permanent Resident (Conditional)	INA 202(a)(4)(A), INA 203(a)(2)(A) & INA 216.
CX3	Child of CX1 or CX2 (Conditional)	INA 202(a)(4)(A), INA 203(a)(2)(A), INA 203(d) & INA 216.
BX1	Self-petition Spouse of Lawful Permanent Resident	INA 204(a)(1)(B)(ii).
BX2	Self-petition Child of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
BX3	Child of BX1 or BX2	INA 204(a)(1)(B)(ii) & 203(d).
Family 3rd Preference
F31	Married Son or Daughter of U.S. Citizen	INA 203(a)(3).
F32	Spouse of F31	INA 203(d) & INA 203(a)(3).
F33	Child of F31	INA 203(d) & INA 203(a)(3).
C31	Married Son or Daughter of U.S. Citizen (Conditional)	INA 203(a)(3) & INA 216.
C32	Spouse of C31 (Conditional)	INA 203(d), INA 203(a)(3) & INA 216.
C33	Child of C31 (Conditional)	INA 203(d), INA 203(a)(3) & INA 216.
B31	Self-petition Married Son or Daughter of U.S. Citizen	INA 204(a)(1)(A)(iv) & INA 203(a)(3).
B32	Spouse of B31	INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(3).
B33	Child of B31	INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(3).
Family 4th Preference
F41	Brother or Sister of U.S. Citizen at Least 21 Years of Age	INA 203(a)(4).
F42	Spouse of F41	INA 203(d) & INA 203(a)(4).
F43	Child of F41	INA 203(d) & INA 203(a)(4).
Employment-Based Preferences
Employment 1st Preference (Priority Workers)
E11	Alien with Extraordinary Ability	INA 203(b)(1)(A).
E12	Outstanding Professor or Researcher	INA 203(b)(1)(B).
E13	Multinational Executive or Manager	INA 203(b)(1)(C).
E14	Spouse of E11, E12, or E13	INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B) & INA 203(b)(1)(C).
E15	Child of E11, E12, or E13	INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B) & INA 203(b)(1)(C).
Employment 2nd Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability)
E21	Professional Holding Advanced Degree or Alien of Exceptional Ability	INA 203(b)(2).
E22	Spouse of E21	INA 203(d) & INA 203(b)(2).
E23	Child of E21	INA 203(d) & INA 203(b)(2).
Employment 3rd Preference (Skilled Workers, Professionals, and Other Workers)
E31	Skilled Worker	INA 203(b)(3)(A)(i).
E32	Professional Holding Baccalaureate Degree	INA 203(b)(3)(A)(ii).
E34	Spouse of E31 or E32	INA 203(d), INA 203(b)(3)(A)(i), INA 203(b)(3)(A)(ii).
E35	Child of E31 or E32	INA 203(d), INA 203(b)(3)(A)(i) & INA 203(b)(3)(A)(ii).
EW3	Other Worker (Subgroup Numerical Limit)	INA 203(b)(3)(A)(iii).
EW4	Spouse of EW3	INA 203(d) & INA 203(b)(3)(A)(iii).
EW5	Child of EW3	INA 203(d) & INA 203(b)(3)(A)(iii).
Employment 4th Preference (Certain Special Immigrants)
BC1	Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization	INA 101(a)(27)(M) & INA 203(b)(4).
BC2	Accompanying spouse of BC1	INA 101(a)(27)(M) & INA 203(b)(4).
BC3	Accompanying child of BC1	INA 101(a)(27)(M) & INA 203(b)(4).
SD1	Minister of Religion	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SD2	Spouse of SD1	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SD3	Child of SD1	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SE1	Certain Employees or Former Employees of the U.S. Government Abroad	INA 101(a)(27)(D) & INA 203(b)(4).
SE2	Spouse of SE1	INA 101(a)(27)(D) & INA 203(b)(4).
SE3	Child of SE1	INA 101(a)(27)(D) & INA 203(b)(4).
SF1	Certain Former Employees of the Panama Canal Company or Canal Zone Government	INA 101(a)(27)(E) & INA 203(b)(4).
SF2	Spouse or Child of SF1	INA 101(a)(27)(E) & INA 203(b)(4).
SG1	Certain Former Employees of the U.S. Government in the Panama Canal Zone	INA 101(a)(27)(F) & INA 203(b)(4).
SG2	Spouse or Child of SG1	INA 101(a)(27)(F) & INA 203(b)(4).
SH1	Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979	INA 101(a)(27)(G) & INA 203(b)(4).
SH2	Spouse or Child of SH1	INA 101(a)(27)(G) & INA 203(b)(4).
SJ1	Certain Foreign Medical Graduates (Adjustments Only)	INA 101(a)(27)(H).
SJ2	Accompanying Spouse or Child of SJ1	INA 101(a)(27)(H) & INA 203(b)(4).
SK1	Certain Retired International Organization employees	INA 101(a)(27)(I)(iii) & INA 203(b)(4).
SK2	Spouse of SK1	INA 101(a)(27)(I)(iv) & INA 203(b)(4).
SK3	Certain Unmarried Sons or Daughters of an International Organization Employee	INA 101(a)(27)(I)(i) & INA 203(b)(4).
SK4	Certain Surviving Spouses of a deceased International Organization Employee	INA 101(a)(27)(I)(ii) & INA 203(b)(4).
SL1	Juvenile Court Dependent (Adjustment Only)	INA 101(a)(27)(J) & INA 203(b)(4).
SN1	Certain retired NATO6 civilians	INA 101(a)(27)(L) & INA 203(b)(4).
SN2	Spouse of SN1	INA 101(a)(27)(L) & INA 203(b)(4).
SN3	Certain unmarried sons or daughters of NATO6 civilian employees	INA 101(a)(27)(L) & INA 203(b)(4).
SN4	Certain surviving spouses of deceased NATO6 civilian employees	INA 101(a)(27)(L) & INA 203(b)(4).
SP	Alien Beneficiary of a petition or labor certification application filed prior to September 11, 2001, if the petition or application was rendered void due to a terrorist act of September 11, 2001. Spouse, child of such alien, or the grandparent of a child orphaned by a terrorist act of September 11, 2001	Section 421 of Public Law 107-56.
SR1	Certain Religious Workers	INA 101(a)(27)(C)(ii)(II) & (III) as amended & INA 203(b)(4).
SR2	Spouse of SR1	INA 101(a)(27)(C)(ii)(II) & (III) as amended & INA 203(b)(4).
SR3	Child of SR1	INA 101(a)(27)(C)(ii)(II) & (III) as amended & INA 203(b)(4).
Employment 5th Preference (Employment Creation Conditional Status)
C51	Employment Creation OUTSIDE Targeted Areas	INA 203(b)(5)(A).
C52	Spouse of C51	INA 203(d) & INA 203(b)(5)(A).
C53	Child of C51	INA 203(d) & INA 203(b)(5)(A).
T51	Employment Creation IN Targeted Rural/High Unemployment Area	INA 203(b)(5)(B).
T52	Spouse of T51	INA 203(d) & INA 203(b)(5)(B).
T53	Child of T51	INA 203(d) & INA 203(b)(5)(B).
R51	Investor Pilot Program, Not in Targeted Area	INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
R52	Spouse of R51	INA 203(d), INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
R53	Child of R51	INA 203(d), INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
I51	Investor Pilot Program, in Targeted Area	INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
I52	Spouse of I51	INA 203(d), INA 203(b)(5) & Section 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
I53	Child of I51	INA 203(d), INA 203(b)(5) & Section 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Public Law 102–395), as amended.
Other Numerically Limited Categories
Diversity Immigrants
DV1	Diversity Immigrant	INA 203(c).
DV2	Spouse of DV1	INA 203(d) & INA 203(c).
DV3	Child of DV1	INA 203(d) & INA 203(c).

[Source: 22 CFR 42.11]

UNCLASSIFIED (U)