Home › Visa guides › Family-based immigration

Family-based immigration: who can petition for whom?

Wang Law Firm, LLC · David Wang, Managing Attorney

Family-based immigration is one of the main ways people immigrate to the United States. A U.S. citizen or green card holder (the petitioner) files an I-130 for a foreign relative (the beneficiary) to prove the family relationship is real, and the beneficiary then applies for a green card. Who you can petition for, and how long it takes, depends on the petitioner's status and the relationship.

Who U.S. citizens can petition for

BeneficiaryCategoryBacklog?
SpouseImmediate relative (IR)Not subject to annual limits; no backlog
Unmarried children under 21Immediate relative (IR)Not subject to annual limits; no backlog
Parents (petitioner must be at least 21)Immediate relative (IR)Not subject to annual limits; no backlog
Unmarried sons and daughters 21 or olderF1Backlog
Married sons and daughtersF3Backlog, usually long
Brothers and sisters (petitioner must be at least 21)F4Backlog, usually the longest

Who green card holders can petition for

BeneficiaryCategoryBacklog?
Spouse, unmarried children under 21F2ABacklog, relatively short in recent years
Unmarried sons and daughters 21 or olderF2BBacklog

Green card holders cannot petition for parents, married children or siblings. When the petitioner naturalizes, a pending case generally converts automatically to the corresponding citizen category, which can sometimes shorten the wait considerably.

To see exactly where each category's line stands, check the Visa Bulletin the U.S. Department of State publishes every month. See How to read the U.S. Visa Bulletin.

Adjustment of status or an immigrant visa abroad

Applying for a green card right after entering on a tourist visa may be seen as having concealed immigrant intent at entry, so it calls for particular care. Which route fits better depends on the beneficiary's current status and entry history.

What to know about marriage-based green cards

Affidavit of support

Most family-based cases require the petitioner to submit an I-864 affidavit of support showing income at a certain percentage of the federal poverty guidelines. If income falls short, assets can make up the difference, or a joint sponsor can be added. The affidavit of support is a legally binding commitment, so understand the obligations before you sign.

Common questions

What if my child turns 21 while waiting in line?

In some cases, the Child Status Protection Act (CSPA) can "freeze" a child's age so they are still treated as under 21. Whether it applies has to be calculated case by case.

If I get green cards for my parents, do they have to live in the U.S. full time?

Green card holders need to make the U.S. their permanent home. Living abroad for long periods may be treated as abandoning the green card. Those planning an extended stay abroad can apply for a reentry permit before leaving.

Can the beneficiary's spouse and children apply too?

Immediate relative (IR) categories don't allow derivative family members, so each person needs a separate petition. In the backlogged categories such as F1–F4 and F2A/F2B, the beneficiary's spouse and unmarried children under 21 can generally immigrate together as derivative beneficiaries.

Want to get a green card for a family member? Book a consultation, and we'll explain the possible routes and rough timing based on your status and relationship.

This article is general information and is not legal advice. Rules and the Visa Bulletin change; rely on the latest official information and on an attorney's advice for your specific situation.