Family

Who Can Apply

United States citizens can sponsor:

  • Spouses
  • Parents
  • Children
  • Fiances
  • Brothers and sisters

Legal permanent residents can sponsor:

  • Spouses
  • Children (unmarried only)

These are the only family-based categories. 

 

Two-Part Process

All family-based immigration begins with a petition, either the I-130 or the I-129F (for fiances). These petitions prove your family members eligibility for a visa. For these petitions, generally you need to show the petitioner’s status in the United States, certificates of family relations, and evidence that the relationship is real (depending on the case). 

Once the family petition is approved, the beneficiary can either apply abroad for an immigrant visa or apply in the United States for adjustment of status, if a visa is immediately available. 

 

Visa Availability

For parents, spouses, fiances, and minor children of US citizens, there is always a visa available, meaning the beneficiary may continue with the process as soon as the family petition is approved. 

In the other categories, there are a limited number of visas each year, so the process may be delayed, sometimes by many years. For example, it may take 12-14 years for a visa to open become available for a brother or sister of a US citizen. The Visa Bulletin provides the dates of visa availability.

 

Processing Time

When there is a visa immediately available, immigrant visa cases normally take about 12 months. For those processing in the United States (“adjustment of status”), the time depends on the workload of the local USCIS office. You can check USCIS processing times here