Can widow or widower of U.S. citizen (USC) be eligible as a family preference or immediate relative for an immigration benefit purpose?
Can widow or widower of U.S. citizen (USC) be eligible as a family preference or immediate relative for an immigration benefit purpose?
When the person becomes a U.S. citizen (USC), they can file immigration petitions for their family members. Per 8 CFR 204.2(b), widow or widower of U.S. citizen (USC) can be considered immediate relatives if the U.S. citizen filed a petition before his/her death or if the widow(er) files a petition within 2 years of the citizen’s death. Immediate relatives include:
The spouse of USC
The children (unmarried and under 21 years of age) of USC
The parents of USC (at least 21 years old at the time of filing)
Family Preference System
INA 203(a) establishes a family preference system for family sponsored immigrants, prioritizing certain relationship with USC and LPR. Beneficiaries who are not immediate relatives fall within the visa preference system, which limits the number of immigrant visas available each year by both category and country of origin. Per State Department announcement, the fiscal year 2025 limit for family-sponsored preference immigrants are 226,000 (per INA section 201). Those visas are divided into five (5) specific categories, or preferences.
For unmarried sons and daughters (son and daughter means 21 and over) of USC —> F1
For spouse, children, and unmarried sons and daughters of LPR —> F2
(F2A) is spouses and children (unmarried) of permanent residents
(F2B) is unmarried sons and daughters of permanent residents
For married sons and daughters of U.S. citizens —> F3
For brothers and sisters of adult U.S. citizen (must be older than 21 years old)—> F4
There is a limited number of visas allocated each year to each category, intending immigrants often must wait years before their visa priority date is current. The visa slots of 114,200 are available for F2A and F2B. However, F2A (spouses and children of LPR) has 77% of the overall second preference limitation, and 23% are for the F2B category. The visa slots availability could change if any unused first preference numbers (F1 category, unmarried sons and daughters of U.S. Citizens) is still available.
Visa Chargeability Chart
According to State Department’s visa bulletin, as discussed above, there are five categories such as all chargeability; China-mainland; India; Mexico and the Philippines. Specifically, the category of “all chargeability” belongs to every applicant from the world except for China, India, Mexico and the Philippines. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may initiate and submit required documents to the National Visa Center.
Visa Bulletin Eligibility Chart of July 2025 by State Department
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
