Immediate relatives and family preference categories
U.S. immigration law lets citizens and lawful permanent residents petition for certain family members. Those relatives fall into two groups, and the group determines how long the wait will be.
- Immediate relatives of U.S. citizens, which includes a spouse, an unmarried child under 21, and a parent (if the citizen is at least 21). There is no annual limit on immediate-relative visas, so these cases usually move faster (INA section 201).
- Family preference categories (INA section 203), which include adult children and siblings of citizens, and spouses and children of permanent residents. Congress caps the number of these visas each year, so applicants often wait for a visa to become available.
The petition process: Form I-130
A family case usually starts when the U.S. citizen or resident files a Petition for Alien Relative (Form I-130) to prove the family relationship. The date the petition is properly filed becomes the priority date, which holds the applicant's place in line. Getting the petition right, with the correct evidence of a genuine relationship, sets the foundation for everything that follows.
Adjustment of status or consular processing
Once a visa is available, the relative becomes a permanent resident in one of two ways:
- Adjustment of status, if the relative is already in the United States and eligible, lets them apply for a green card without leaving the country. See adjustment of status.
- Consular processing, if the relative is abroad, completes the immigrant visa at a U.S. embassy or consulate. See consular processing.
Choosing the right path, and confirming eligibility before filing, protects families from costly mistakes.
The Visa Bulletin and wait times
For preference categories, the U.S. Department of State publishes a monthly Visa Bulletin showing which priority dates are current. Waits depend on the category and the applicant's country of birth, and they can be long. Planning around the Visa Bulletin helps families understand the timeline and prepare the next step before their date becomes current.
Petitions based on marriage are examined closely to confirm the marriage is genuine. Strong, well-organized evidence of a shared life is important, and the firm helps couples prepare for the interview.
The Affidavit of Support
Most family-based applicants must have a financial sponsor who signs an Affidavit of Support (Form I-864), a legally enforceable promise to maintain the immigrant at a minimum income level so the new resident is not likely to rely on public benefits. The sponsor's income and household size decide whether they qualify, and where the petitioner's income is not enough, a qualifying joint sponsor can sometimes be added. Incomplete or inconsistent financial evidence is one of the most common reasons a family case is delayed at the interview, so the firm assembles the affidavit and its supporting documents carefully before anything is filed.
Conditional residence and fiancé(e) petitions
When a marriage is less than two years old at the time the green card is granted, the new resident usually receives conditional permanent residence valid for two years. Before it expires, the couple must file a joint petition to remove the conditions (Form I-751) and prove the marriage is genuine. Where a marriage has ended through divorce, the death of a spouse, or abuse, a waiver of the joint-filing requirement may be available. Missing this filing window can put residence at risk, so the firm tracks the deadline and prepares the petition with strong supporting evidence.
Couples who are engaged rather than married may consider a fiancé(e) petition, which allows a U.S. citizen's fiancé(e) to enter the country to marry within 90 days and then apply for a green card. Whether that path or a marriage-based petition fits better depends on where each person lives and the couple's timing, and the firm helps weigh the options.
Common obstacles, and how they are handled
Family cases can run into trouble when a relative has a prior immigration violation, an old removal order, or a ground of inadmissibility such as certain criminal history or a past misrepresentation. Many of these problems can be addressed, sometimes with a waiver, but only if they are identified early. The firm looks for these issues at the outset so there are no surprises at the interview.
Questions about family-based immigration
U.S. citizens can petition for a spouse, children, parents, and siblings. Lawful permanent residents can petition for a spouse and unmarried children. The category determines the wait time. An attorney can confirm who you can petition for and how long it is likely to take.
Immediate-relative cases for spouses, minor children, and parents of U.S. citizens are not capped and generally move faster. Preference categories are capped and can involve long waits that depend on the category and country of birth. The Visa Bulletin is the tool used to track those waits.
Sometimes. Whether a relative can remain in the U.S. and adjust status here, rather than processing abroad, depends on how they entered, their current status, and their eligibility. This is an important question to review before filing, because the answer shapes the entire strategy.
A denial is not always the end. Depending on the reason, options may include an appeal or motion, a new and better-supported petition, or addressing an inadmissibility issue with a waiver. Have an attorney review the denial notice to identify the best path forward.
Legal authorities referenced on this page
- INA section 201 (immediate relatives and worldwide levels)
- INA section 203 (family preference allocation)
- INA section 245 (adjustment of status)
- USCIS Form I-130, Petition for Alien Relative
- U.S. Department of State Visa Bulletin
This page explains the law in general terms and is not legal advice. Immigration law changes and applies differently to each person's facts. Speak with an attorney about your own situation.