Family Based Immigration

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Last reviewed September 6, 2026

Overview: Family immigration begins with the petitioner’s citizenship or permanent residence and the precise legal relationship. Those facts determine the category, whether a visa-number wait applies, and whether family members can derive or need separate petitions.

The petitioner and relationship

A U.S. citizen may petition for a qualifying spouse, child, adult son or daughter, parent or sibling, with age and other conditions. A permanent resident may petition for a qualifying spouse or unmarried child, son or daughter, but not a parent, sibling or married son or daughter.

Immediate relatives include qualifying spouses and unmarried children under 21 of citizens, and parents of citizens at least 21. They are not subject to a family preference numerical cap, but still undergo processing.

Family preferences include the specified remaining relationships and require attention to the Visa Bulletin. A petition approval establishes a stage of eligibility, not an immediate right to enter or remain.

K-1 concerns qualifying unmarried couples planning a U.S. wedding. Marriage before immigration generally brings the spouse framework into consideration instead. Permanent residents cannot sponsor K-1 fiancés. K-3 does not guarantee faster spouse processing.

Separate petitions and derivative family members

Legal relationship, birth date, marital status, location and immigration history determine each person’s family-based requirements. Stepchildren, adopted children and biological relationships have specific definitions and documentation rules.

Immediate-relative I-130 cases do not carry derivatives: a citizen’s spouse case generally needs separate petitions for qualifying children. Preference categories often permit derivatives, but an unmarried F1 or F2B principal cannot have a derivative spouse while remaining in that category.

Naturalization, marriage, divorce, births and deaths can change categories or require different filings. A child’s age can affect eligibility; age protection is not a blanket freeze from the first petition date.

The process in order

  1. The legal relationship determines the category and required separate petitions.
  2. The petitioner files I-130 or the appropriate category-specific petition with supporting records.
  3. Petition adjudication and any visa-number wait are distinct stages.
  4. The final application uses consular processing abroad or eligible adjustment inside the United States.
  5. Financial sponsorship, medical and civil evidence, interviews and any additional requests form part of final processing.

Most family immigrant cases require I-864. Income, household size, domicile and joint-sponsor requirements must be assessed separately from whether the relationship is genuine.

Status and safety issues

A pending family petition does not provide status or work permission. Immediate-relative exceptions to some adjustment bars do not eliminate every entry, fraud, criminal or removal problem. Departure for a consular interview can have consequences and does not necessarily resolve an in-country eligibility problem.

Qualifying abuse may support VAWA self-petitioning without the abuser’s cooperation. Someone already holding conditional residence may need an I-751 waiver analysis instead of assuming a new family petition is required.

Costs across the process

Costs extend across petitions, each person’s final application, medical examinations, documents, translations and travel. A quick first-stage approval does not predict the total process or the family’s work and travel permissions while waiting.

Official sources

Step-by-step guidance

A general family-petition journey with separate adjustment and consular branches.

Before you start

Key decisions

  • Immediate-relative category or family-preference category
  • Adjustment of status or consular processing
  • Whether a priority date must become current
  • Whether conditional residence rules apply to the relationship

What to prepare

  • Relationship evidence and Form I-130 materials
  • Civil documents
  • Affidavit of Support evidence where required
  • Medical examination
  • Proof of lawful entry or status when relevant to adjustment eligibility

Stage by stage

  1. Confirm the qualifying relationship

    Identify the correct family category and petitioner. Eligibility and visa availability differ by relationship.

    Family immigration

  2. File the family petition

    The qualifying petitioner prepares Form I-130 and the required relationship evidence.

    Form I-130

  3. Check visa availability when applicable

    Preference categories may require a current priority date. Immediate relatives have different numerical-limit rules.

    Visa Bulletin

  4. Choose the applicable final route

    Eligible applicants in the United States may use adjustment of status. Others may use consular processing through the Department of State.

    Adjustment guidance

  5. Complete the required final-stage documentation

    Follow the relevant USCIS or NVC instructions for forms, support evidence, medical requirements and appointments.

    Immigrant visa process

  6. Receive the decision and review next steps

    A petition approval is not a green card. Confirm the final residence decision and any conditions or follow-up obligations.

    After approval

Common points to watch

  • An approved I-130 is not itself a green card
  • Preference categories may wait for visa-number availability
  • Affidavit of Support requirements are separate from proving the relationship
  • Marriage-based cases can require extensive bona fide relationship evidence
  • Conditional residents may later need to remove conditions

Continue with TR Immigration

This roadmap is general educational guidance. A stage can be skipped, added or reordered depending on the category and individual facts. Always check the current form instructions, agency policy and official notices before filing.

Official starting source
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