Family-Based Immigration: Sponsoring a Relative
Family-based immigration is the process that allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members to immigrate to the United States and obtain a Green Card. In this process, the U.S. sponsor petitions for an eligible relative, and if approved, the family member can become a lawful permanent resident. U.S. citizens can petition for a wider range of relatives (including spouses, children, parents, and siblings), while permanent residents can sponsor only their spouse and unmarried children. The sponsor must generally be at least 21 years old to petition for parents or siblings. Family-based immigration is divided into two main categories of visas: Immediate Relative visas and Family Preference visas, each defined by the family relationship and the sponsor’s status.
Immediate Relative Immigrant Visas
Immediate Relative visas are for the closest family relationships of U.S. citizens. These visas are unlimited in number each year, meaning there are no annual caps on how many people can immigrate in these categories. This usually leads to shorter wait times compared to family preference visas. Immediate relative categories include:
- IR1/CR1 – Spouse green card process for a U.S. citizen. (IR1 is a permanent immigrant visa for a spouse; CR1 is a “conditional” two-year visa issued when the marriage is less than 2 years old at time of visa issuance.)
- IR2 – Unmarried child under 21 of a U.S. citizen.
- IR5 – Parent of a U.S. citizen (the U.S. citizen sponsor must be age 21 or older).
These immediate relative categories do not have yearly numerical limits, so visas are always available for eligible applicants in these groups. Immediate relatives of U.S. citizens can often immigrate as soon as their petition and processing are completed, without a long queue.
Family Preference Immigrant Visas
Family Preference visas cover more extended family relationships of U.S. citizens, as well as certain family members of permanent residents. Unlike immediate relatives, these categories are limited in number each fiscal year, which means there are annual caps on each family preference category. Because of the caps, applicants in these categories are assigned priority dates and may wait in a queue until a visa number becomes available for their turn. Family preference categories are grouped by “preference” (1st, 2nd, 3rd, 4th) as defined by U.S. immigration law:
- F1 – Unmarried adult son or daughter (age 21 or older) of a U.S. citizen.
- F2A – Spouse or unmarried child (under 21) of a lawful permanent resident (green card holder).
- F2B – Unmarried adult son or daughter (21 or older) of a lawful permanent resident.
- F3 – Married son or daughter of a U.S. citizen.
- F4 – Brother or sister of a U.S. citizen (the U.S. citizen sponsor must be 21 or older).
Each of the above categories has a limited number of visas available per year, so applicants often face wait times. For example, there is a yearly cap on F1 visas, F2 visas, etc., and demand usually exceeds supply. The Department of State’s Visa Bulletin is updated monthly to indicate which priority dates are currently eligible for visa processing in each family preference category.
K-1 Fiancé(e) Visa: A Pathway to Family Immigration
The K-1 fiancé(e) visa allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of getting married. The marriage must occur within 90 days of arrival. After marriage, the foreign spouse can apply for a green card through adjustment of status without leaving the U.S. Although the K-1 is technically a nonimmigrant visa, it leads directly into the family-based immigration process. K-1 visa holders must marry within the 90-day window or leave the country. Eligible children may also accompany the fiancé(e) on K-2 visas.
Petitioning a Family Member (Form I-130)
To sponsor a family member, the U.S. citizen or permanent resident must file Form I-130 with USCIS. This petition establishes the family relationship. A separate petition is required for each relative.
- Immediate relatives (such as spouses, parents, or unmarried children under 21 of U.S. citizens) do not have annual visa limits.
- Family preference categories (such as siblings or adult children) are subject to annual caps, based on priority dates.
Next Steps: Adjustment of Status vs. Consular Processing
If the sponsored relative is in the U.S., they may apply for a Green Card through Adjustment of Status by filing Form I-485 after the I-130 is approved.
If the relative is outside the U.S., they will follow Consular Processing, including visa application through Form DS-260, submitting supporting documents, and attending an interview at a U.S. Embassy or Consulate.
The National Visa Center (NVC) manages document collection and interview scheduling for most consular cases, especially for family preference categories where wait times may apply.
