Family Petitions

If you are a U.S. citizen or lawful permanent resident, you may petition for certain family members to obtain residency. This is one of the most common pathways to permanent residency in the United States.

Who Can Be Sponsored?

If You Are a U.S. Citizen:

• Spouse
• Unmarried children of any age
• Married children of any age
• Parents (if you are 21 years of age or older)
• Brothers and sisters (if you are 21 years of age or older)

If You Are a Lawful Permanent Resident:

• Spouse
• Unmarried children under 21 years of age
• Unmarried children over 21 years of age

The Family Petition Process

The process consists of several stages:

• Filing the Petition (Form I-130): Establishes the family relationship and the petitioner’s ability to financially support the beneficiary
• Waiting for Approval: Processing times range from weeks to years depending on the category
• Adjustment of Status or Consular Processing: The beneficiary adjusts status to lawful permanent resident
• Receiving the Green Card: Once approved, the beneficiary receives a permanent resident card

Timeline

Processing times vary significantly:

• Spouse of a U.S. citizen: Typically 6 to 18 months
• Children of a U.S. citizen: Can vary widely
• Family members of permanent residents: Can take years (depending on the country of birth)

Consular Processing vs. Adjustment of Status

The beneficiary may qualify to adjust status within the United States (if they entered with a valid visa) or may need to undergo consular processing in their home country.

If the beneficiary is undocumented, a waiver (Form I-601A) may be needed to proceed without having to return to the home country first.

What You Should Know

• The petitioner is legally responsible for financially supporting the beneficiary
• Changes in the petitioner’s financial situation may affect the process
• It is important to maintain regular contact with your attorney and update your address information
• An immigration attorney can help expedite the process and avoid costly errors