Who Can Apply for Permanent Residency through a Family Petition?

Applications for residency through a family member vary depending on the petitioner's immigration status and the degree of relationship with the person seeking to immigrate.

Family Members of U.S. Citizens

U.S. citizens can file a petition for:

• Spouse

• Unmarried children under 21

• Parents (if the U.S. citizen is 21 or older)

• Married children

• Siblings (if the U.S. citizen is 21 or older)

Family Members of Permanent Residents

Permanent residents (Green Card holders) can apply for residency for:

• Spouse

• Unmarried children under 21 years old

• Unmarried children over 21 years old

Step 1: Family Petition

The U.S. citizen or permanent resident files a petition for their family member to immigrate to the U.S.

Step 2: Wait for Visa Availability

Depending on the degree of relationship and the petitioner’s status, visa availability can vary. Immediate relatives of U.S. citizens do not have a waiting period for visa quotas, while other categories may require a waiting period based on the visa bulletin.

Step 3: Case Processing

Once a visa becomes available, the family member can proceed with the process through Adjustment of Status (if they are in the U.S.) or Consular Processing (if they are outside the country).

Step 4: Medical Examination and Interview

As part of the process, a medical examination and an interview with immigration authorities are required.

Step 5: Approval and Green Card

If the application is approved through Adjustment of Status, the beneficiary receives permanent residency and can live and work legally in the U.S.

Step 6: Travel

If your application was approved at a consulate, you will be able to travel to the U.S. to live and work legally.

Freedom

To live and work in the U.S. indefinitely.

Access

To apply for U.S. citizenship after meeting certain requirements.

Privilege

To petition for other family members in the future.