Family-based immigration: who can petition for whom?
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
| Beneficiary | Category | Backlog? |
|---|---|---|
| Spouse | Immediate relative (IR) | Not subject to annual limits; no backlog |
| Unmarried children under 21 | Immediate 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 older | F1 | Backlog |
| Married sons and daughters | F3 | Backlog, usually long |
| Brothers and sisters (petitioner must be at least 21) | F4 | Backlog, usually the longest |
Who green card holders can petition for
| Beneficiary | Category | Backlog? |
|---|---|---|
| Spouse, unmarried children under 21 | F2A | Backlog, relatively short in recent years |
| Unmarried sons and daughters 21 or older | F2B | Backlog |
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
- Adjustment of status (I-485): If the beneficiary entered the U.S. lawfully and is eligible, they can apply for a green card from inside the U.S. and can apply for a work permit and advance parole while they wait. Immediate relatives of U.S. citizens get more lenient treatment for certain status problems, but only if they entered lawfully.
- Immigrant visa abroad: If the beneficiary is outside the U.S., once the I-130 is approved the case moves to the National Visa Center (NVC). After paying fees and submitting documents, the beneficiary interviews at the U.S. embassy or consulate in their country, enters on an immigrant visa and then receives a green card.
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
- The marriage must be genuine. The officer will review evidence of your life together — such as living together, shared finances, photos and correspondence — and may interview you separately.
- If you have been married less than two years when the case is approved, you get a two-year conditional green card. Within the 90 days before it expires, you and your spouse must jointly file an I-751 to convert it to a ten-year green card.
- The foreign fiancé(e) of a U.S. citizen can come to the U.S. on a K-1 visa, marry within 90 days of arrival, and then apply for a green card in the U.S.
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.