Family-Based Petition

Family-based petitions are one of the main legal pathways to obtain permanent residency (Green Card) in the United States.

This process allows U.S. citizens and legal permanent residents to sponsor certain family members to immigrate to the country.

However, not all family relationships qualify, and the possibility of obtaining residency will depend on the relationship with the petitioner and the assigned preference category, as some have priority and shorter waiting times than others.

Family Petition Categories

Immediate Family (Immediate Relatives)

No annual visa limits.

Applies only to immediate relatives of U.S. citizens:

Spouse.

Unmarried children under 21 years of age.

Parents (if the citizen is 21 years of age or older).

Family Preference Categories

These do have annual limits, which can lead to long waiting times depending on the category and country of the beneficiary:

Applies only to immediate relatives of U.S. citizens:

1. First Preference (F1)

Unmarried sons and daughters over the age of 21 of U.S. citizens.

2. Second Preference (F2A and F2B)

F2A: Spouses and unmarried children under the age of 21 of legal permanent residents.

F2B: Unmarried children over 21 years of age of legal permanent residents.

3. Third Preference (F3)

Married sons and daughters of U.S. citizens.

4. Fourth Preference (F4)

Brothers and sisters of adult U.S. citizens (citizen must be at least 21 years old).

Petitioner Requirements

Be a U.S. citizen or legal permanent resident.

Be at least 21 years old to ask for parents or siblings.

Present evidence of family relationship (birth certificates, marriage certificates, etc.).

Demonstrate financial ability to support the family member (Form I-864).

General Process

1. Filing Form I-130.

2. USCIS Family Relationship Assessment and Approval

3. Visa waiting available (if applicable) according to the Visa Bulletin.

4. Consular processing or adjustment of status, depending on the family member’s place of residence.

5. Interview and approval.

Waiting Times

For immediate family, it is usually faster (months).

For F1–F4 categories, times vary from a few years to more than a decade, depending on the beneficiary’s country of origin and visa availability.

Important Considerations

A petition does not automatically grant residency.

Preferred categories are subject to annual quotas.

Inaccurate or fraudulent information may result in application denial and serious immigration consequences.

If the petitioner naturalizes, their relative’s status may change and advance more quickly.

Frequently Asked Questions (FAQs)

Who can sponsor a relative for a Green Card?

Citizens and legal permanent residents, depending on family relationship.

Can I include multiple family members in a single petition?

No. Each eligible relative requires their own Form I-130.

Are there differences in timing depending on the country?

Yes. Countries like Mexico, the Philippines, and India often have longer wait times due to high demand.

What if my family member is in the U.S. without legal status?

You may not be eligible to adjust your status. It’s advisable to consult with an immigration attorney.

Can a petition be withdrawn?

Yes, the petitioner may withdraw their application before final approval.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.