Family-Based Immigration: Who Qualifies and How to Apply 

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Family-Based Immigration: Who Qualifies and How to Apply 

Bringing family to the U.S. is a beautiful goal—but the immigration process can feel like a maze. One of the first steps, Form I-130 processing time for parents, may take months or even longer to process, depending on things like your status, relationship, and USCIS workload. 

This guide walks you through who qualifies and how to apply, step by step. 

Who Qualifies for Family-Based Immigration? 

Every year, hundreds of thousands of people obtain U.S. green cards through family sponsorship. To qualify, the intending immigrant must have a sponsor who is a U.S. citizen or lawful permanent resident (green card holder) and who is an immediate relative or falls under a family preference category. 

The U.S. relative (petitioner) generally must be at least 21 years old for certain relationships (like sponsoring a parent or sibling). There are two main groups of family-based immigrant visas: 

Immediate Relatives (Close Family of U.S. Citizens) 

Immediate relative visas are reserved for the closest family members of U.S. citizens. They include spouses, unmarried children under 21, and parents of U.S. citizens. These visas are not subject to annual numerical limits, which means there is no yearly cap on the number of visas in this category. A U.S. citizen can sponsor: 

  • Spouse (IR-1/CR-1 visas for foreign spouses)
     
  • Child under 21 (IR-2 visa for minor children)
     
  • Parent (IR-5 visa, if the U.S. citizen is at least 21 years old)
     

Because there is no quota, immediate relatives do not have to wait for an immigrant visa number once the petition is approved – a visa is always available to them. This makes the process potentially faster than other family categories. 

Family Preference Categories (Other Eligible Relatives) 

Family preference visas are for more distant relatives of U.S. citizens and certain relatives of permanent residents, and these categories have numerical limits each year. As a result, there can be significant waiting periods (often several years) before a visa becomes available.  

  • F1 (First Preference) – Unmarried adult sons and daughters of U.S. citizens (age 21 or older). Annual cap: 23,400 visas.
     
  • F2A (Second Preference A) – Spouses and unmarried children (under 21) of lawful permanent residents. Part of the total F2 cap of 114,200 visas/year, making this category often high in demand.
     
  • F2B (Second Preference B) – Unmarried adult sons and daughters (21 or older) of lawful permanent residents. Also under the 114,200 F2 annual limit.
     
  • F3 (Third Preference) – Married sons and daughters of U.S. citizens (any age, plus their own spouse/children as derivatives). Annual cap: 23,400 visas.
     
  • F4 (Fourth Preference) – Brothers and sisters of U.S. citizens (the petitioner must be 21 or older). Annual cap: 65,000 

Note: Permanent residents cannot sponsor married children or siblings until they become U.S. citizens. Because family preference categories have fixed yearly caps, wait times can be long. 

For example, a U.S. citizen filing for a sibling in the F4 category may face a visa wait of anywhere from 10 years to over 20 years, especially if the sibling is from a country with high demand like Mexico or the Philippines. 

How to Apply: Step-by-Step Family Immigration Process 

Applying for a family-based immigrant visa involves both the U.S. petitioner (the sponsor) and the foreign national (the beneficiary). Here’s how the process works—from petition to green card. 

  1. File Form I-130

The first step is for the U.S. citizen or green card holder to file Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship. 

Each relative you sponsor needs their own I-130. You can file online or by mail. Along with the form, include: 

  • Proof of your citizenship or residency (e.g., passport, green card)
     
  • Proof of the relationship (e.g., birth or marriage certificate)
     

The filing fee is $535. Once submitted, USCIS sends a receipt and later a decision. Full instructions are available at uscis.gov/i-130. 

  1. Wait for Petition Approval & Visa Availability

Approval of the I-130 confirms the relationship but doesn’t grant immigration status. Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) can move forward immediately since their visas are always available. 

Others—such as siblings or married children—fall under family preference categories and must wait for a visa number to become available. The I-130’s filing date becomes their priority date, which they can track through the Visa Bulletin. Wait times in these categories can stretch several years. 

  1. Apply for a Green Card: Two Paths

Once a visa is available, the beneficiary can pursue one of two options: 

  1. Consular Processing (outside the U.S.)

The National Visa Center (NVC) oversees this stage. The applicant must: 

  • Complete Form DS-260 (Immigrant Visa Application)
     
  • Submit civil documents (e.g., passport, police certificate)
     
  • The sponsor submits Form I-864, Affidavit of Support
     

Fees total around $445. After review, the U.S. Embassy or Consulate schedules a visa interview. 

  1. Adjustment of Status (inside the U.S.)

If the beneficiary is lawfully in the U.S., they may apply to adjust status using Form I-485. This process requires: 

  • A current visa category (or immediate relative status)
     
  • Proof of lawful entry and maintained status
     
  • Supporting documents and a medical exam (Form I-693)
     

The I-485 fee is approximately $1,225, and includes biometrics. An in-person USCIS interview is usually required. 

  1. Medical Exam & Interview

Before the interview, the beneficiary must complete a medical exam with an approved doctor. As of 2025, COVID-19 vaccination is no longer required, but routine immunizations are still mandatory. 

The final interview—held at a consulate or USCIS office—verifies eligibility, documents, and the authenticity of the relationship. It’s essential to answer truthfully and be prepared. 

  1. Visa Approval & Green Card Issuance

If approved: 

  • Consular applicants receive an immigrant visa and become permanent residents upon U.S. entry.
     
  • Adjustment applicants become permanent residents upon I-485 approval.
     

A one-time $220 USCIS immigrant fee must be paid for the physical green card, which is mailed to their U.S. address. 

Once approved, your family member becomes a lawful permanent resident—with all the rights and responsibilities that status brings.