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Family-Based Immigration & the I-130 Petition

A U.S. citizen or green card holder can sponsor a qualifying relative by filing Form I-130. Immediate relatives of citizens (spouse, unmarried child under 21, parent) have unlimited visas with no wait, while other relatives fall into the numerically limited F1–F4 preference categories that can have long waits.

By Find Local Law Editorial Team · Last reviewed: May 24, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

Immigration is federal law and policy changes frequently. This is general information, not legal advice — verify current rules at uscis.gov and consult a qualified immigration attorney.

The most common path to a U.S. green card is through family. It starts with a petition and depends heavily on who is sponsoring whom.

Step 1: the I-130 petition

A U.S. citizen or lawful permanent resident sponsors a qualifying relative by filing Form I-130, Petition for Alien Relative. Important: an approved I-130 does not grant any status — it simply establishes the relationship and creates a place in line.

Immediate relatives — no waiting line

Immediate relatives of U.S. citizens have unlimited immigrant visas (always available, no annual cap):

  • Spouse of a U.S. citizen,
  • Unmarried child under 21 of a U.S. citizen,
  • Parent of a U.S. citizen who is 21 or older.

Family preference categories — limited, with waits

Other relatives fall into numerically limited categories that can wait years (tracked by the Visa Bulletin):

CategoryWho
F1Unmarried adult children of U.S. citizens
F2ASpouses and minor children of green card holders
F2BUnmarried adult children of green card holders
F3Married children of U.S. citizens
F4Siblings of U.S. citizens (citizen must be 21+)

Step 2: getting the green card

Once a visa is available, the relative becomes a permanent resident through adjustment of status (Form I-485) if they’re in the U.S., or consular processing if abroad.

Wait times and the Visa Bulletin change constantly, so we don’t list them here. To get matched with a local immigration attorney, connect with a lawyer. See also the immigration overview and green cards.

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Frequently asked questions

How does family-based immigration start?
A U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, to establish the qualifying relationship. An approved I-130 doesn't grant status by itself — it just creates a place in line.
Who are 'immediate relatives' and do they wait?
Immediate relatives of a U.S. citizen — the spouse, an unmarried child under 21, and the parent of a citizen who is 21 or older — have unlimited immigrant visas, so they don't wait for a visa number.
What are the family preference categories?
Numerically limited categories for other relatives: F1 (unmarried adult children of citizens), F2A (spouses and minor children of green card holders), F2B (unmarried adult children of green card holders), F3 (married children of citizens), and F4 (siblings of adult citizens). These can have long waits tracked by the Visa Bulletin.
Can a green card holder petition a sibling?
No. Only U.S. citizens who are 21 or older can petition for a sibling. Green card holders can petition spouses and unmarried children (F2A/F2B).

Sources

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