IMMIGRATION SERVICES
U.S. citizens and green card holders can help certain family members become permanent residents. Find out which relationships qualify and what can affect the wait.
Attorney James Betzold · 17+ years of experience · Nationwide service by phone or video
For Information Only
This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.
A family petition is how a U.S. citizen or green card holder asks the U.S. government to recognize a close family relationship so that a relative can immigrate. It is often the first step toward a green card for a spouse, child, parent, or sibling.
Not every relative qualifies, and some can move forward much faster than others. This page explains who can file, which relatives qualify, why some families wait years, and what can stand in the way.
If the person filing (the “petitioner”) is a U.S. citizen, they may petition for:
If the petitioner is a green card holder, they may petition for:
For every family petition:
U.S. immigration law sorts family members into two groups: immediate relatives and preference categories. Which group your relative falls into makes a big difference in how long they may wait.
Immediate relatives are the spouse of a U.S. citizen, the unmarried child under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older. There is no yearly limit on immediate relative visas, so these relatives do not wait in a numbered line. Their cases still take processing time, but they do not wait for a visa to “open up.”
All other qualifying relatives fall into “preference categories.” Only a limited number of these green cards are available each year:
In preference categories, the relative’s own spouse and minor children can usually immigrate with them. Immediate relatives each need their own petition.
Because preference visas are limited, there is a waiting line. Your relative’s place in line is the priority date, generally the date the petition was filed. Each month the U.S. Department of State publishes a chart showing which priority dates can move forward.
Waits depend on the category and the relative’s country of birth, because there are also per-country limits. Some waits last many years, sometimes decades. Life changes can also change the category:
A U.S. citizen engaged to someone abroad may be able to bring their partner to the United States to marry, through the K-1 fiancé(e) visa. This is a separate path with its own requirements.
In most family cases, the petitioner must promise the U.S. government that they will financially support the relative if needed. This promise is a legally enforceable contract, not just a formality. In general:
Separately, the government decides whether the relative is likely to become a “public charge,” meaning someone who depends mainly on government support. A new public charge rule took effect on September 18, 2026, and allows officers to consider a broader range of public benefits than before. That rule is being challenged in federal court.
Relationships that do not qualify:
Other common problems:
Also, a family petition by itself does not give your relative legal status or protection from deportation. Under 2025 USCIS guidance, a relative in the U.S. who is removable may be referred to immigration court. That is one reason to get legal advice before filing.
Spouses married less than two years when they get their green card generally receive a two-year conditional green card first, and must later ask to remove the conditions.
No. Only U.S. citizens who are 21 or older can petition for parents. A green card holder who becomes a citizen may then be able to do so.
No. These relationships do not qualify, even if you are very close.
It depends on the category and the relative’s country of birth. Immediate relatives of U.S. citizens do not wait for a visa number. Preference categories can involve waits of many years.
It is your relative’s place in line in a preference category, generally the date the petition was filed. Your relative can move forward when the government’s monthly chart shows that date is reached.
No. A petition does not give legal status or protection from removal. Your relative’s immigration history matters, so get legal advice before filing.
Often, your relative moves to a faster category. A spouse or minor child can become an immediate relative, and an adult unmarried son or daughter moves to F1.
Every family’s story is different. Attorney James Betzold offers consultations by phone or video, anywhere in the United States. Call +1 (833) 847-2335 today to talk about your family’s options and take the next step with confidence.
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.
