Family-Based Immigration

United States citizens can petition for their spouses, parents, children, and siblings. Lawful permanent residents (green card holders) can petition for their spouses and unmarried children.

The steps and requirements for getting a green card differ for each person and depend on the petitioner’s immigration status and relationship to the family member. Several things will be considered, such as:

• If the person requesting (the petitioner) is a U.S. citizen or a lawful permanent resident;
• The relationship between the immigrant and the U.S. citizen (or lawful permanent resident) petitioner (parent, spouse, brother, etc.);
• The country where the immigrant is from;
• If the immigrant is in the U.S. and how they entered (visa or unauthorized entry).

Immigration law is complicated, and making mistakes can be serious. If your family member is in the U.S. without legal status and files an improper application for a green card, they risk deportation. Talk to an immigration attorney before you do anything.

The process for getting a green card for a family member depends on if that family member is an “immediate relative.” See “Who is an ‘immediate relative?’” below.

The following are considered "immediate relatives" and potentially eligible for a green card (lawful permanent resident status):

• Spouses of U.S. citizens;
• Parents of U.S. citizens who are more than 21 years old;
• Unmarried child (under 21 years old) of a U.S. citizen. 

Read Green Card for Immediate Relatives of U.S. Citizen to learn how to apply for a green card for an immediate relative of a U.S. citizen.

If your immediate relative has previously lived in the U.S. without any legal status, they may be ineligible for a green card, or they may require a waiver, depending on the circumstances. Consult an immigration attorney before you file any immigration application. 

Read Green Card for Family Preference Immigrants from United States Citizenship and Immigration Services (USCIS) if you are a U.S. citizen applying for an unmarried child over 21, a married child, or a sibling over 21.

Yes. Each country is only allowed a certain number of visas per year.

There are often more visa petitions filed for citizens of China, India, Mexico, and the Philippines than the number of visas available to those countries. People from those countries often have to wait longer for a visa.

Current wait times can range from two to 24 years, depending on your relative’s country of origin, your status in the U.S., and the type of family relationship the immigration is based on. Your priority date and the Visa Bulletin determine the wait.

The priority date determines when a visa is available and when you can move forward in the process. Your priority date is listed on your family petition receipt or approval notice.

Each month, the United States Department of State publishes a Visa Bulletin that lists the current priority dates for each category by country. The Visa Bulletin covers both family-based immigration and employment-based immigration. Only applicants in the family-preference category need to use the visa bulletin. Immediate relatives do not use the visa bulletin because visas are immediately available to those who qualify.

When checking the Visa Bulletin for your family member, you should find the family chart and the preference category (F1, F2A, F2B, F3, or F4) for the family member you are applying for.

• If your family member is immigrating from one of the countries listed at the top of the chart, find the priority date below that matches the preference category for your family member.
• If your family member is not from one of the countries listed at the top, use the dates in the “All Chargeability Areas Except Those Listed” category.
• If your priority date on your family petition receipt or approval notice is before the date listed in the Visa Bulletin, a visa is available for your family member, or they can submit their application. 
• If your priority date in the I-130 receipt is on or after the listed date, there is not yet a visa available for your family member, or they cannot submit their application. You must keep waiting.

Remember that the dates listed on the Visa Bulletin depend on the number of applications received from the different countries for the different categories. The dates on the Visa Bulletin do not move chronologically. For example, if on September 1, 2020, the priority date listed for your category is September 1, 2024, then that does not mean that a visa will be available in four years. For many months, the date on the Visa Bulletin will not change or only change for a few days—and it may even move backward. In the example above, four years gives you a general idea of the wait time.

See the Visa Bulletin, updated monthly by the U.S. Department of State. 

The two main routes to getting a green card are adjustment of status and consular processing. Both processes begin by filing the I-130 family-based petition with U.S. Citizenship and Immigration Services (USCIS). The I-130 alone does not give the immigrant any benefits, and you must continue with either adjustment of status or consular processing. For instructions about the I-130, click on I-130, Petition for Alien Relative.

• Adjustment of status is the process of applying for a green card with USCIS using form I-485. With adjustment of status, the immigrant remains in the U.S. while their application is processed. The immigrant may qualify for a work permit while they wait for their green card to be approved. For instructions, go to Adjustment of Status.
• Consular processing involves submitting form DS-260 to the National Visa Center and then attending an interview at the U.S. consulate or embassy in the immigrant’s home country. For instructions, click on Consular Processing.

Whether or not an immigrant qualifies for adjustment of status or consular processing depends on several factors such as the applicant’s immigration history and the type of family relationship to the petitioner. Many immigrants are unable to choose the route they will take to get a green card. Some immigrants can choose and will consider factors such as the time and money required for each process.

Both processes are very complicated and can have many pitfalls. Talk to an immigration attorney before you do anything.

Read Public Charge Resources.