Family-based immigration is a path to a green card for relatives of U.S. citizens and green-card holders through a Form I-130 petition. Immediate relatives of U.S. citizens (spouse, children under 21, parents) get a visa with no wait; other categories (adult children, siblings, and relatives of green-card holders) are subject to annual limits and a queue based on the filing date. The petition only confirms the relationship and creates a place in line — it does not grant status.
Status as of July 11, 2026. The family-immigration categories are set by law and stable, but waiting times in the queues change monthly: visa availability by preference category and country is shown by the State Department's Visa Bulletin. Immediate relatives of U.S. citizens have no queue — a visa is always available. Fee amounts are set by the USCIS G-1055 fee schedule (in 2026, with additional fees under HR-1); current amounts are at uscis.gov.
Who can petition, and for whom
A Form I-130 (Petition for Alien Relative) is filed by a U.S. citizen or a green-card holder (LPR) for a specific relative; a separate petition is filed for each relative. A U.S. citizen may petition for a spouse, children (married or unmarried, any age), parents (if the citizen is 21 or older), and brothers and sisters (also once the citizen is 21). A green-card holder may petition only for a spouse, unmarried children, and adult unmarried sons and daughters; not for married children, siblings, or parents. If an LPR's unmarried son or daughter marries before immigrating, the petition is revoked.
The key distinction is whether there is a wait. Immediate relatives of U.S. citizens — a spouse, unmarried children under 21, and parents — are not subject to annual limits, so a visa is always available. Everyone else falls into a preference category with annual quotas and a queue: F1 — adult unmarried children of citizens; F2A — spouses and children under 21 of green-card holders; F2B — adult unmarried children of green-card holders; F3 — married children of citizens; F4 — brothers and sisters of citizens. About 226,000 visas a year go to the family preference categories, so waits in the busiest categories and countries stretch into years.
Filing the I-130 is the first step: it confirms the relationship and, if approved, creates a place in line, but by itself it grants no status and no right to work or enter. The date the I-130 is properly filed becomes the priority date — the place in the queue. Whether the queue is moving is shown by the State Department's Visa Bulletin: "C" means visas are available to everyone in the category, "U" means unavailable, and a specific date means a visa is available to those whose priority date is earlier. Dates can also move backward. For immediate relatives the priority date does not matter — a visa is available right away.
Adjustment of status or consular processing
When a visa is available, there are two ways to get the green card. If the relative is already in the United States lawfully, they generally go through adjustment of status on Form I-485 inside the country (immediate relatives may file the I-485 together with the I-130). If the relative is abroad, USCIS sends the approved petition to the National Visa Center (NVC) and then to a U.S. consulate, which issues the immigrant visa — this is consular processing. For the green card itself and becoming a permanent resident, see green card.
Family-based immigration requires a financial sponsor: the petitioner generally files an affidavit of support (Form I-864), promising to support the immigrant so that they do not become a "public charge." The sponsor shows income at or above a set level; if income is short, a joint sponsor is possible. This is a separate requirement, in addition to the petition and the green-card application.
Marriage, fiancé(e)s, and a child's age
Some family paths are topics of their own. A green card through marriage to a citizen or green-card holder has its own rules, including a two-year conditional green card for a recent marriage, and is covered in a dedicated section. The K-1 fiancé(e) visa — for someone engaged to a U.S. citizen who is still abroad and plans to marry after entering — works differently, through a Form I-129F petition. Separately, the Child Status Protection Act (CSPA) can, in certain cases, "freeze" a child's age so that they do not lose the ability to immigrate as a child upon turning 21 while waiting in the queue.
How long does a family petition take?
For immediate relatives of U.S. citizens (spouse, children under 21, parents) there is no queue — a visa is available right away, and the time depends on processing the I-130 and I-485 or on consular processing. For preference categories (F1–F4), the wait depends on the priority date, the category, and the country, and often runs into years; the State Department's Visa Bulletin shows how the queue moves.
Who can a U.S. citizen petition for, and who can a green-card holder petition for?
A U.S. citizen may petition for a spouse, children (married or unmarried, any age), parents, and siblings (for parents and siblings, the citizen must be 21 or older). A green-card holder may petition only for a spouse, unmarried children, and adult unmarried sons and daughters; not for married children, siblings, or parents.
What does an approved I-130 petition do?
An approved I-130 confirms the relationship and creates a place in the immigrant-visa queue — nothing more. It grants no immigration status, no work authorization, and no right to enter. The next step is adjustment of status or consular processing once a visa is available.
What is the difference between adjustment of status and consular processing?
Adjustment of status is getting the green card inside the United States on Form I-485, for someone already lawfully present. Consular processing is obtaining the immigrant visa at a U.S. consulate abroad through the National Visa Center (NVC). Which path applies depends on where the relative is when a visa becomes available.
What is a priority date?
The priority date is the date the I-130 petition is properly filed — a person's place in the queue. The State Department's Visa Bulletin shows monthly which categories and countries have visas available: "C" means available to all, "U" means unavailable, and a specific date means available to those with an earlier priority date. For immediate relatives the priority date does not apply.
Sources we track: USCIS, DHS, EOIR, the Federal Register, and federal courts.