As a U.S. citizen, you may petition for certain family members based on your relationship.

Relatives for Whom You (U.S. Citizen) May Petition and Related Benefits and Required Forms

If you or a member of your family is in the U.S. military special conditions may apply to your situation.

Application Process: Permanent Residence

To petition for a family member to receive permanent residence (a green card), you must submit with your Form I-130, petition for alien relative:

Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents.

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”.

What Happens Next?

• If your relative is already in the United States, he or she may apply to adjust status to become a permanent resident (green card holder) 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.

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.