U.S. citizens and lawful permanent residents can petition for certain relatives to immigrate to the United States. The process typically begins with Form I-130, which establishes the qualifying family relationship.
Immediate relatives
Spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 are immediate relatives. They are not subject to annual numerical limits, so a visa is generally available once the petition is approved.
Preference categories
Other relationships fall into preference categories with annual limits: unmarried adult sons and daughters of citizens, spouses and children of permanent residents, married sons and daughters of citizens, and siblings of adult citizens. Waits in these categories can range from a few years to well over a decade, depending on the category and country.
Adjustment or consular processing
Relatives already in the United States may be able to adjust status without leaving. Those abroad complete the process through a U.S. consulate, including an interview.
Financial support
Most family-based cases require the petitioner to file an affidavit of support showing the ability to support the immigrant at a required income level, with a joint sponsor if needed.
Plan ahead
Prior immigration history, travel and documentation issues can affect eligibility. A review before filing helps avoid surprises later in the process.
This article is for general information only and is not legal advice. Laws and agency practices change, and every situation is different. Contact the firm to discuss your specific circumstances.