Cubans in the U.S. Claiming a Relative: Which Category Applies to You and How to Know When It's Your Turn

If you are a U.S. citizen or a permanent resident and want to sponsor a family member, the first thing you need to know is which category your case falls into. That's almost everything: whether you have to wait for years in line or if the visa is available as soon as the petition is approved.

The U.S. immigration law divides family petitions into two main groups: immediate relatives, which have no annual visa limit, and family preference categories, which do have limits and therefore accumulate long waiting lists.

In this guide, we explain who falls into each group, what the acronyms F1, F2A, F2B, F3, and F4 mean, how to read the Visa Bulletin, and what is currently happening with relatives in Cuba, with data verified as of November 14.

Who can you ask: a citizen or a resident is not the same

According to the family immigration page of the Department of State, the possibilities vary greatly depending on your own status:

• If you are a United States citizen, you can file a petition for your spouse, your children (of any age and marital status), your parents, and your siblings.
• If you are a permanent resident (you have a green card), you can only petition for your spouse and your unmarried children.

In other words, a resident cannot petition for their parents, married children, or siblings. To do that, they must first become a citizen. The petition is submitted using Form I-130 to the U.S. Citizenship and Immigration Services (USCIS).

Immediate family members: no waiting line for admission

The immigration law itself (8 U.S.C. 1151) defines immediate family members as the children, spouses, and parents of a U.S. citizen. In the case of parents, the citizen requesting them must be at least 21 years old.

According to the law, "child" is a single person under 21 years old, as per the definition of 8 U.S.C. 1101. If your child is already 21 or has married, they cease to be an immediate relative and move to a preference category.

The great advantage of this group is that, as explained by the State Department, the number of immigrants in these categories has no annual limit. There is no need to wait for a "date" to open in the Visa Bulletin: the timing depends on how long the case processing takes.

Examples of immediate family members of a citizen:

• Your husband or wife.
• His unmarried children under 21 years old.
• His father or mother, if the citizen is 21 years old or older.

The five categories of family preference

All other relatives that the law allows to be claimed fall into the preference categories, which have a maximum number of visas per year set by 8 U.S.C. 1153:

• F1: single children aged 21 or older of U.S. citizens. Up to 23,400 visas per year, plus any remaining from the F4 category.
• F2A: spouses and unmarried children under 21 years old of permanent residents.
• F2B: single children aged 21 or older of permanent residents. Between F2A and F2B, a total of up to 114,200 visas are available annually, with at least 77% reserved for F2A.
• F3: married children of citizens, of any age. Up to 23,400 visas per year.
• F4: siblings of citizens who are at least 21 years old. Up to 65,000 visas per year.

Furthermore, the law establishes a minimum of 226,000 annual visas for the entire set of family preference categories. Because the demand significantly exceeds this number, each category progresses at its own pace, with some experiencing wait times of many years.

What is the priority date and how to read the Visa Bulletin?

When USCIS receives your I-130, that day is established as your priority date. The Department of State explains it in its immigrant visa process guide: the date the petition was submitted is your priority date, and each month, the Visa Bulletin publishes the dates that are being processed.

To find out if it's your turn, follow these steps:

1. Find your priority date on the I-130 receipt (form I-797).
2. Abre el Visa Bulletin for the Month y ve a la sección de categorías familiares (family-sponsored).
3. Locate the row for your category (F1, F2A, F2B, F3, or F4) and the general column. Cuba does not have its own column in the bulletin.
4. If your priority date is earlier than the one shown, your case may proceed. If a "C" (current) appears, the category is up to date and there is no waiting for available slots that month.

The bulletin includes two tables: the Final Action Dates, which indicate when a visa can be issued or residency approved, and the Dates for Filing, which allow for paperwork to be submitted early. If your family member is already in the U.S. and can apply for adjustment of status (form I-485), USCIS publishes each month on its Visa Bulletin Tables page which one is applicable. In November, USCIS permits the use of the Dates for Filing table for family categories.

The dates change every month and can move forward, pause, or even go back. In CiberCuba, we tell you how family categories advanced in the November bulletin.

If your situation changes: when the resident becomes a citizen

Your category is not fixed. If you are a resident, you filed for a single child over 21 years old (F2B), and then you naturalize, the petition automatically changes to F1, according to 8 U.S.C. 1154. The child retains their original priority date, and if it's more beneficial for them to remain in F2B, they may request in writing that the change not be made.

The reverse also happens: if your child gets married, they may change categories or lose the possibility of being sponsored. Remember that a resident cannot petition for married children. Therefore, before any change in marital status, it's advisable to check how it will affect the application.

What's happening today with the relatives who are in Cuba?

Here is the most delicate part for Cuban families. Even if the petition is approved and the priority date is available, the issuance of the visa depends on the Department of State, and today there are restrictions.

According to their official notice, last updated on February 2, since January 21, the Department of State has paused the issuance of immigrant visas for nationals from a list of countries that includes Cuba. As of November 14, that notice remains published. Here are its key points:

• Applicants can continue to submit their applications and attend the interview, and the Department is still scheduling appointments.
• The pause affects the issuance of visas, not those that have already been issued: the notice clarifies that none have been revoked.
• There are exceptions for individuals with dual nationality traveling with a valid passport from a country that is not on the list.
• The notice does not mention a general exception for immediate family members.

This is compounded by the entry restrictions imposed on Cubans, which we explain in our guide on which visas remain suspended for Cubans. Many families have been waiting for years, as highlighted in this report about Cubans waiting for a visa that hasn’t arrived.

What to do now

1. Identify the exact category based on your status (citizen or resident), age, and marital status of your family member.
2. It is advisable to file the I-130 as soon as possible, even if there are restrictions: it establishes your priority date and places you in line.
3. Keep the I-797 receipt and note the priority date.
4. Check the Visa Bulletin every month and, if your family member is in the U.S., the table provided by USCIS for adjustment.
5. If you are going to naturalize, consider how it will affect the applications you have already submitted.
6. Do not trust agents or promises of "quick visas": no one can bypass the quotas or the existing restrictions.

Aviso legal: este artículo ofrece información general con fines exclusivamente informativos y no constituye asesoría legal. Las leyes y políticas migratorias de EE.UU. cambian con frecuencia. Para evaluar tu caso concreto, licenciado o un representante acreditado por el Departamento de Justicia.