Family based Immigration Petitions

A U.S. citizen may petition for certain family members to receive either a green card, a fiancé(e) visa or a K-3/K-4 Visa based on your relationship.Relatives for Whom U.S. Citizen May Petition

Type of Relative for Whom You May Petition	Immigration Benefit
Spouse Children(unmarried and under 21) Sons and daughters(married and/or 21 or over) Parents, if you are 21 or over Siblings, if you are 21 or over	Green Card (Permanent Residence)
A fiancé(e) residing outside the United States and children of fiancé(e) under 21	Fiancé(e) Visa
Spouse Children of spouse (unmarried and under 21)	K-3/K-4 Nonimmigrant Visa

Application Process: Green Card (Permanent Residence)To petition for a family member to receive a green card (permanent residence), you begin by filing a petition for alien relative. This form establishes the family relationship that exists between you and your relative. Sometimes the petition for alien relative can be filed together with an application for permanent residence. This is discussed below.Which Relatives May I petition for?

Immediate Relatives

Other Family Members

The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include: Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file the application for permanent residence at the same time as the petition for alien relative.

Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the petition for alien relative was filed). Preference categories are grouped as follows: First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.) Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents Second Preference (2B): Unmarried adult sons and daughters of permanent residents Third Preference: Married sons and daughters (any age) of U.S. citizens Fourth Preference: Brothers and sisters of adult U.S. citizens

What Happens Next?

• If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available.
• If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
• Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.

NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.