What Is a Family-Based Immigration Petition?

Updated October 13, 2026 · 2 min read · 4 sources

Short answer

A family-based petition, filed on Form I-130, is how a US citizen or permanent resident asks the government to recognize a family relationship so a relative can immigrate. Immediate relatives of citizens, meaning spouses, unmarried children under 21 and parents of adult citizens, have no annual limit. Other relatives fall into preference categories with annual caps, which can mean waits of years or decades.

Family relationships are the largest source of new permanent residents in the US. The relationship and the sponsor's status determine how long the process takes.

Who can sponsor whom

Sponsor Relative Category
US citizen Spouse; unmarried child under 21; parent (if citizen is 21+) Immediate relative, no annual limit (8 U.S.C. 1151(b)(2))
US citizen Unmarried son or daughter 21+ F1
Permanent resident Spouse; unmarried child under 21 F2A
Permanent resident Unmarried son or daughter 21+ F2B
US citizen Married son or daughter F3
US citizen (21+) Brother or sister F4

Preference categories come from 8 U.S.C. 1153(a). Permanent residents cannot sponsor parents, married children or siblings. Grandparents, aunts, uncles and cousins cannot be sponsored directly.

The Visa Bulletin and waiting

For preference categories, each case gets a priority date (the I-130 filing date). The State Department's monthly Visa Bulletin shows which priority dates can move forward. Waits are longer for some countries with high demand, such as Mexico, the Philippines, India and China.

The process

  1. File Form I-130 with proof of the sponsor's status and the relationship. The current fee is $675 on paper or $625 online (USCIS).
  2. USCIS approval.
  3. Wait for a visa number if in a preference category.
  4. Final step: adjustment of status (Form I-485) if the relative is in the US and eligible, or consular processing abroad.
  5. Affidavit of support (Form I-864) from the sponsor, who must meet income requirements or use a joint sponsor.

Aging out and status changes

Children who turn 21 or marry, or sponsors who naturalize, can change categories. The Child Status Protection Act can protect some children from aging out. Discuss changes with a lawyer.

Common problems

Insufficient evidence of the relationship, prior marriages not legally ended, past immigration violations of the beneficiary, or a sponsor who cannot meet the income requirement.

For spouses, see marriage green cards. An immigration lawyer can check whether your relative can adjust in the US or must process abroad.

Sources

  1. USCIS: Form I-130, Petition for Alien Relative
  2. Cornell Law School LII: 8 U.S.C. 1151(b)(2), Immediate relatives
  3. Cornell Law School LII: 8 U.S.C. 1153(a), Preference allocation for family-sponsored immigrants
  4. U.S. Department of State: Visa Bulletin

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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