AUSTIN, TX · FAMILY-BASED GREEN CARDS

Who You Can Petition For: Family-Based Green Cards

Maybe you are wondering whether you can bring your spouse home, reunite with your mother, or sponsor a sibling. The first question is always the same: can I even petition for this person? Here is exactly who you can sponsor, and how long each path takes.

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In The Media

TL;DR Key Takeaways

  • Family-based immigration lets U.S. citizens and green card holders petition certain relatives for a green card.
  • Citizens can sponsor spouses, children, parents, and siblings; permanent residents can sponsor spouses and unmarried children only.
  • Immediate relatives of citizens have no wait for a visa, while everyone else falls into preference categories that can take years.
  • Knowing which category your relative fits is the single fact that shapes your whole timeline.

Web Article

The Family Preference Categories

Every family relationship that is not an immediate relative falls into one of four preference categories, and each has its own yearly cap. Here is how they break down:

First preference (F1) covers unmarried sons and daughters, 21 or older, of U.S. citizens. Second preference splits in two: F2A is spouses and unmarried children under 21 of permanent residents, and F2B is unmarried sons and daughters, 21 or older, of permanent residents. Third preference (F3) covers married sons and daughters of U.S. citizens. Fourth preference (F4) covers brothers and sisters of U.S. citizens, when the citizen is at least 21.

Because each category has a limited number of visas each year, and because demand far outpaces supply for many countries, preference relatives wait, sometimes years, sometimes more than a decade. The category your relative lands in is the single biggest factor in how long the journey takes, and a family immigration lawyer can help you understand the category, priority date, and next step before you file.

Comparison Table

Immediate Relative vs. Family Preference

The difference between these two groups matters more than almost anything else, so it is worth seeing side by side.

IMMEDIATE RELATIVE FAMILY PREFERENCE
Annual cap None Yes, limited each year
Visa bulletin Not needed Must watch monthly
Typical wait Processing time only Years, sometimes a decade+
Who qualifies Spouse, child under 21, parent of a citizen Most other relatives

One group is limited only by paperwork speed; the other is limited by a quota and a line. Knowing which side your relative is on tells you, more than any other single fact, what kind of wait to prepare for.

Petitioner — the U.S. citizen or lawful permanent resident who files the form and sponsors the relative.

Beneficiary — the family member who hopes to receive the green card.

Comparison Table

U.S. Citizen vs. Permanent Resident: Who You Can Sponsor

Your own status sets the boundaries of who you can bring. The two petitioner types have very different reach.

RELATIVE U.S. CITIZEN PERMANENT RESIDENT
Spouse Yes Yes
Unmarried Children Yes Yes
Married Children Yes No
Parents Yes (if 21+) No
Siblings Yes (if 21+) No

This is why naturalizing, becoming a citizen, often unlocks family options that were closed before. A green card holder who has been waiting to sponsor a parent or a married child suddenly can, the moment they take the oath. If you are a green card holder hoping to sponsor a relative outside that narrow circle, becoming a citizen first may be the key, and family-based petition the rules for each shift accordingly. We can help you weigh that timing, because sometimes waiting to file until after naturalization is faster overall than filing now in a slower category.

Comparison Table

F2A vs. F2B Explained

If you are a permanent resident, these two codes will follow you, and they are easy to mix up. F2A is for your spouse and your unmarried children under 21. F2B is for your unmarried sons and daughters who are 21 or older. The practical difference is the wait: F2A tends to move faster and stay relatively current, while F2B often waits considerably longer because demand is heavier and the annual supply of visas is the same. There is one more wrinkle worth knowing, and it catches families off guard every year: if an F2B child marries, the petition does not simply move to another category, it ends entirely, because permanent residents cannot petition for married children at all. That single life event can close the door for years. This is exactly why timing and good advice matter so much here, and why we walk through these scenarios carefully before anyone files.

How-To Steps

Sponsoring A Spouse

A spousal petition is the most common family case we see, and the process follows a clear sequence of filing the petition, proving the marriage is genuine, and finishing either at a consulate abroad or through adjustment of status inside the country. The heart of a spousal case is showing that the marriage is real, with shared finances, a life built together, and honest documentation. Because this path has its own detailed steps and evidence standards, we cover the full spousal process in its own guide, so you can follow it carefully without missing a piece.

How-To Steps

Petitioning For A Parent

If you are a U.S. citizen who is at least 21, you can petition for your mother or father as an immediate relative, which means no waiting line for a visa. It is one of the more straightforward family paths, though it still requires careful proof of the parent-child relationship and your own citizenship. Permanent residents cannot petition for parents at all, which surprises many people, so this is a citizen-only door. For many U.S. citizens, a Petition For Parents: Bringing Your Mother or Father Home case begins with two key pieces of proof: your citizenship and the legal parent-child relationship.

Web Article

Petitioning For A Sibling

Yes, a U.S. citizen who is at least 21 can petition for a brother or sister, but this is the longest road in the family system. Siblings fall into the fourth preference category (F4), which carries the heaviest backlog of all, often well over a decade, and longer still for siblings born in countries with high demand. It is a real path, and many families do reunite this way, but it asks for patience measured in years. If your sibling is your only family tie to the U.S, starting a Green Card For Siblings: Petitioning A Brother Or Sister case is worth starting early so your family can plan around the F4 wait with more clarity.

FAQ

Petitioning For A Child, Under & Over 21

Sponsoring your child sounds simple, but the rules shift the moment they turn 21 or marry.

A child’s age can change the family petition category and the waiting time. Under immigration law, a “child” is unmarried and under 21; after 21, they may move into a slower category unless the Child Status Protection Act helps preserve their age. Marriage can also change or end eligibility, depending on whether the petitioner is a U.S. citizen or lawful permanent resident.

A U.S. citizen can petition for a married son or daughter under the F3 family preference category. A lawful permanent resident cannot petition for a married son or daughter. If a child marries during a pending LPR petition, USCIS may deny or revoke it.

Yes, the Child Status Protection Act may help some children avoid aging out when they turn 21 during the process. It does not help every case, and the calculation depends on the petition type, visa availability, and whether the child stays unmarried. The timing should be reviewed carefully before filing the next step.

Web Article

The Visa Bulletin & Your Priority Date

If your relative is in a preference category, two terms will shape your life: the priority date and the visa bulletin. Your priority date is the day USCIS receives your petition, and it is your place in line that travels with the case from beginning to end. The monthly visa bulletin tells you when a visa is finally available for your category and country of birth. When your priority date becomes current on the bulletin, your relative can take the next step toward the green card. Until then, you wait and watch, checking each month to see whether the line has moved. Immediate relatives skip this entirely, but for everyone else, learning to read the bulletin turns a confusing, open-ended wait into something you can actually track and plan around. We watch it alongside you and tell you the moment your date arrives.

Pricing

Concurrent Filing Of I-130 + I-485

$625

I-130 ONLINE

$675

I-130 PAPER

125%

OF POVERTY LINE (I-864)

Two financial realities shape every family petition. First, the filing fees: the I-130 petition costs $625 online or $675 by paper in 2026, and later stages, like the green card application itself, carry their own fees. Second, the sponsor must prove enough income to support the relative, generally at or above 125% of the federal poverty guidelines, through the Affidavit of Support (Form I-864). If your income falls short, a joint sponsor can sometimes step in. The exact figure depends on your household size, so it is worth checking the current guidelines before you count on qualifying on your own.

Comparison

K-1 Fiancé vs. CR-1 Spouse

If you are engaged rather than married, you face a choice between bringing your partner as a fiancé or marrying first and sponsoring them as a spouse. The K-1 fiancé visa brings your partner here to marry within 90 days of arrival, and tends to reunite couples faster, but it leaves them without work or travel permission for several months afterward, and the green card still has to be applied for once you are married. The CR-1 spousal route means marrying first, abroad or here, so your partner arrives already a permanent resident, able to work, drive, and travel from day one, though the overall wait before arrival is longer. Neither is simply better; the right choice depends on how quickly you need to reunite versus how much you value arriving with full rights immediately. We help couples weigh the trade-off against their real timeline and living situation, because the answer is different for almost every couple.

FAQ

Frequently Asked Questions

No. A green card holder can petition for a spouse or unmarried son or daughter, but not a married son or daughter. If the son or daughter marries before getting the Green Card, USCIS can deny or automatically revoke the petition.

Yes, if your brother is a U.S. citizen and at least 21 years old, he can file an I-130 for you under the F4 sibling category. This is a real family-based path, but it usually has a long wait because sibling petitions are subject to annual visa limits.

Yes. You can petition for more than one qualifying relative, but each person usually needs a separate Form I-130. For example, if you want to sponsor both parents or multiple siblings, each relative generally needs their own petition and filing fee.

After the I-130 is approved, your relative moves to the green card stage. If they are in the U.S. and eligible, they may file Adjustment of Status; if they are abroad, the case usually goes to the National Visa Center for consular processing. Some family categories must also wait for a visa to become available before moving forward.

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