Family-based petitions are a key pathway for foreign nationals to obtain legal permanent residency (green cards) in the United States. This process allows U.S. citizens and lawful permanent residents (LPRs) to petition for their family members to join them in the U.S. as permanent residents. Family-based immigration is divided into different categories depending on the relationship between the petitioner and the beneficiary, with preferences given to close family relationships.

Types of Family-Based Petitions

There are two primary types of family-based petitions:

Immediate Relatives (IR) – No Annual Limit: This category includes close family members of U.S. citizens and is given top priority. Immediate relatives do not have to wait for a visa number and can immediately proceed to the green card application process.

Family Preference Categories – Annual Limit:

This category includes other family relationships that are still important but are subject to annual numerical limits on how many people can immigrate to the U.S. in these categories. There are four preference categories under family-based immigration:

• First Preference (F1): Unmarried Sons and Daughters (21 or older) of U.S. citizens
  • Example: A U.S. citizen’s adult child who is unmarried.
• Second Preference (F2A): Spouses and Children (under 21 years old) of lawful permanent residents (LPRs)

• Second Preference (F2B): Unmarried Sons and Daughters (21 or older) of lawful permanent residents
  • Example: A lawful permanent resident’s unmarried adult child who is over 21 years old.
• Third Preference (F3): Married Sons and Daughters of U.S. citizens
  • Example: A U.S. citizen’s married child (of any age).
• Fourth Preference (F4): Brothers and Sisters of U.S. citizens (petitioner must be at least 21 years old)
  • Example: A U.S. citizen’s sibling.

Family-Based Petition Process

The process for a family-based petition involves several steps, which may vary depending on whether the family member is inside or outside the U.S.

1. Filing the Petition (Form I-130)

• The U.S. citizen or lawful permanent resident (the petitioner) must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
• Purpose: This form is used to establish the qualifying family relationship between the petitioner and the beneficiary (the relative seeking to immigrate).
• Supporting documents include:
  • Proof of the U.S. citizen or LPR status of the petitioner (e.g., U.S. passport, green card).
  • Proof of the family relationship (e.g., birth certificates, marriage certificates).

Family-based immigration provides an essential pathway for U.S. citizens and lawful permanent residents to reunite with their loved ones. The petition process involves filing Form I-130, waiting for visa availability (for preference categories), and then proceeding with consular processing or adjustment of status. Immediate relatives of U.S. citizens enjoy a streamlined process, while others in the family preference categories may face waiting periods due to annual caps.