Last updated on May 15th, 2010. Visit USCIS page for more information about this category.
You (a U.S. citizen) may petition for certain family members to receive either a green card, a fiancee visa or a K-3/K-4 Visa based on your relationship. Table: Relatives for Whom You (U.S. Citizen) May Petition Type of Relative for Whom You May Petition | Immigration Benefit | Related Forms | - 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) | Form I-130, Petition for Alien Relative Form I-864, Affidavit of Support Form I-485, Application to Register Permanent Residence or Adjust Status
| - A fiancé(e) residing outside the United States and children of fiancé(e) under 21
| Fiancé(e) Visa | - Form I-129F, Petition for Alien Fiancé(e)
| - Spouse
- Children of spouse (unmarried and under 21)
| K-3/K-4 Nonimmigrant Visa | |
What follows is a description of the application process for family-based green cards (permanent residence). Application Process: Green Card (Permanent Residence) To petition for a family member to receive a green card (permanent residence), you must submit with your Form I-130, petition for alien relative: - Proof of your U.S. citizenship
- Evidence of the qualifying relationship (birth certificate, marriage certificate, divorce decree, etc.)
- Proof of any legal name change for you or the beneficiary
Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents. See the “Widow(er)” link to the right. Immediate Relatives 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 Form I-485 at the same time as Form I-130. Preference Categories Preference categories include family relationships that are not immediate relatives and have annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). The following are preference categories: - 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
For current wait times, see the “Visa Bulletin” and “Processing Times” links to the right. 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 using Form I-485.
- 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.
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