Family-based immigration: who can sponsor a relative

How does family-based immigration work?

Most family-based green cards start the same way: a U.S. citizen or green card holder files a petition for a relative abroad or in the United States. The petition, Form I-130, asks U.S. Citizenship and Immigration Services (USCIS) to recognize the family relationship. Approval does not give the relative a green card by itself. It places the relative in a category, and the category decides how long the wait is and which steps follow.

Family cases fall into two broad groups. Immediate relatives of U.S. citizens have no annual cap, so a visa number is available as soon as the petition is approved. Family preference relatives share a limited number of visas each year and often wait years for their turn, measured by the monthly Visa Bulletin.

Immediate relatives of U.S. citizens

Under the Immigration and Nationality Act, these relatives are not subject to the yearly family limits:

• The spouse of a U.S. citizen
• An unmarried child under 21 of a U.S. citizen
• The parent of a U.S. citizen who is at least 21 years old

Because there is no queue, the timeline for these cases depends mainly on USCIS and consular processing speed, background checks and, for some applicants, interview scheduling.

The four family preference categories

The State Department applies a per-country limit as well. People born in countries with heavy demand, such as Mexico and the Philippines, often wait much longer than others in the same category. Our family green card guide shows the November 2026 cutoff dates, and our Visa Bulletin tracker checks whether a priority date is current.

Who can sponsor whom for a green card?

A U.S. citizen may petition for

A spouse, children of any age or marital status, parents (once the citizen is 21), and brothers and sisters (once the citizen is 21).

A green card holder may petition for

A spouse and unmarried children only. Permanent residents cannot petition for parents, married children or siblings. Becoming a citizen opens those options.

Relatives who generally cannot be sponsored directly

Grandparents, grandchildren, aunts, uncles, cousins and in-laws. Some may qualify later through a closer relative, for example a parent who becomes a resident and then petitions for a child.

Step-relationships and adoptions can qualify, but only if specific age and timing rules are met. Fiancé(e)s of U.S. citizens use a separate nonimmigrant route, the K-1 visa.

Two ways to finish the case

After the petition is approved and a visa number is available, the relative finishes the process in one of two ways. Relatives abroad usually go through consular processing with the National Visa Center and a U.S. embassy or consulate. Relatives already in the United States may be able to adjust status with USCIS on Form I-485 without leaving. Eligibility rules differ sharply, and the wrong choice can trigger multi-year bars. See adjustment of status vs. consular processing.

What changed in 2025 and 2026

Family immigration guides

• Family green cards: Form I-130, categories, wait times, the affidavit of support and fees
• Marriage green card: spouses of citizens and residents, evidence and interviews
• K-1 fiancé(e) visa: the 90-day rule and adjusting status after the wedding
• Adjustment of status vs. consular processing
• Green card renewal and travel: Form I-90, removing conditions and reentry permits
• Citizenship and naturalization: Form N-400, the civics test and citizenship for children

Planning a case with a complicated history, such as a prior removal order, time out of status or a past visa denial? Those facts often change which path is safe. A licensed immigration attorney can review them before anything is filed; you can email us to be connected with a participating attorney.