Family immigration

Immigration through family is one of the primary ways individuals can legally immigrate to the United States. It allows U.S. citizens and lawful permanent residents (green card holders) to petition for certain family members for a green card (permanent residency). Here is how it works:

Who can petition for a family member?

U.S. citizens can petition for:

• Immediate relatives (no annual cap):
  • Spouse
  • Unmarried children under 21
  • Parents (if the petitioner is 21 or older)
• Family preference categories (subject to annual caps):
  • Unmarried sons and daughters (21 or older)
  • Married sons and daughters
  • Brothers and sisters (if the petitioner is 21 or older)

Lawful Permanent Residents (Green Card holders) can petition for:

• Spouse
• Unmarried children (any age)

Note: Green Card holders cannot petition for married children or siblings.

Family-based immigration categories

There are two main categories:

a) Immediate relatives (unlimited visas)

• • Spouse, parent, or unmarried child (under 21) of a U.S. citizen.
  • No numerical limit; visas are always available.

b) Family preference categories (limited visas)

These are subject to annual caps and wait times:

• • F1 – Unmarried sons and daughters (21+) of U.S. citizens
  • F2A – Spouses and unmarried children (<21) of green card holders
  • F2B – Unmarried sons and daughters (21+) of green card holders
  • F3 – Married sons and daughters of U.S. citizens
  • F4 – Brothers and sisters of U.S. citizens

Process overview

Step 1: Petition filing

• Petitioner files Form I-130 (Petition for Alien Relative).
• Proves relationship with the immigrant (e.g., marriage certificate, birth certificate).

Step 2: Wait for priority date

• For preference categories, wait times vary by category and country.
• Immediate relatives who are not in a preference category skip this step.

Step 3: Visa processing or adjustment

• If the relative is abroad: Consular processing via the National Visa Center (NVC).
• If already in the U.S.: File Form I-485 for adjustment of status (if eligible).

Step 4: Green Card issued

• • After interview and background checks, the green card is granted.

Additional considerations

• Affidavit of Support (Form I-864): Required to show the petitioner/sponsor can financially support the immigrant.
• Wait times: Can range from months to 20+ years depending on category and country.
• Marriage-based petitions may require extra scrutiny to ensure they’re not fraudulent.
• Children “aging out” may lose eligibility if they turn 21 during processing—some are protected under the Child Status Protection Act (CSPA).

Example scenarios:

Relationship	Who can petition	Category	Wait time
Spouse of a U.S. citizen	U.S. citizen	Immediate Relative	No wait (visa always available)
Sibling of a U.S. citizen	U.S. citizen (21+)	F4	15–20+ years
Child of a green card holder	Green card holder	F2A or F2B	1–10 years
Parent of a U.S. citizen	U.S. citizen (21+)	Immediate Relative	No wait