Solorio

ORDER GRANTING MOTION TO DISMISS

This matter is before the court on defendants’ motion to dismiss the complaint. (Doc. No. 17.) A hearing on the motion was held on June 21, 2016. Assistant U.S. Attorney Audrey Hemesath appeared on behalf of defendants. Attorney Frank Sprouls appeared on behalf of plaintiff. The court has considered the parties’ briefs and oral arguments, and for the reasons set forth below, will grant defendants’ motion.

BACKGROUND

A. Statutory and Regulatory Overview

Pursuant to the Immigration and Nationality Act (“INA”), United States citizens and lawful permanent residents may file an 1-130 visa petition with U.S. Citizenship and Immigration Services (“USCIS”) on behalf of a family member to obtain lawful permanent residency in the United States. See 8 U.S.C. §§ 1153 , 1154. The number of family-sponsored immigrants, excluding immediate relatives, is limited to approximately 480,000 per fiscal year. See 8 U.S.C. § 1151 (c)(1)(A). The INA further divides these family-sponsored immigra *1041 tion visas into a series of preference categories depending on' the status of both the petitioner and the intended beneficiary: “FI” for unmarried sons and daughters of…