U.S. Family-Based Immigration

For many families, U.S. family-based immigration allows certain relatives of U.S. citizens and lawful permanent residents to begin the process of obtaining a Green Card.

Depending on the relationship and immigration category, the process may move faster or require waiting for a visa number to become available. 

If you want to bring a family member to the United States, our immigration law firm can help you prepare the petition, review documents, avoid mistakes, and guide you through every step of the process.

Call today to schedule a private consultation. Attorney Carolina Curbelo is ready to guide you based on your case.

Helpful resources on family-based immigration to the U.S. in 2026

At Curbelo Law, we have helped families for years with family petitions, marriage-based green cards, consular processing, and adjustment of status. In our blog, you will find related articles that can serve as a starting point, although they do not replace a legal review of your specific situation.

You can start with these resources if your case focuses on immediate relatives:

Income guidelines to sponsor a family member in 2026

For most family petitions, you must show financial ability through the Affidavit of Support. 

In practice, many sponsors must meet 125% of the Federal Poverty Guidelines. The 100% level typically applies only in limited situations, such as certain military sponsors petitioning for a spouse or children.

48 contiguous states, the District of Columbia, and territories where these guidelines apply

Household size	100%	125%
2	$21,640	$27,050
3	$27,320	$34,150
4	$33,000	$41,250
5	$38,680	$48,350
6	$44,360	$55,450
7	$50,040	$62,550
8	$55,720	$69,650
For each additional person	$5,680	$7,100

Hawaii

Household size	100%	125%
2	$24,890	$31,113
3	$31,420	$39,275
4	$37,950	$47,438
5	$44,480	$55,600
6	$51,010	$63,763
7	$57,540	$71,925
8	$64,070	$80,088
For each additional person	$6,530	$8,163

Alaska

Household size	100%	125%
2	$27,050	$33,813
3	$34,150	$42,688
4	$41,250	$51,563
5	$48,350	$60,438
6	$55,450	$69,313
7	$62,550	$78,188
8	$69,650	$87,063
For each additional person	$7,100	$8,875

How do you bring a family member to the United States?

The process almost always begins with Form I-130, which is used to prove the qualifying family relationship. After that first stage, the case will usually follow one of these two paths:

• Adjustment of status, if your family member is in the U.S. and the law allows them to apply for permanent residence from within the country.
• Consular processing, if your family member is outside the U.S. or cannot adjust status within the country.

Not every family member has a visa number immediately available. Immediate relatives of U.S. citizens are not subject to annual visa caps, while the preference categories depend on the Visa Bulletin.

As a general rule, the following petitioners can start these cases:

• U.S. citizens, and
• Lawful permanent residents.

Refugees and asylees can also petition for certain relatives, but usually through a different and more limited process.

Immediate relatives and preference categories

Not all family members have the same access to an immigrant visa. The key difference is whether the person qualifies as an immediate relative or falls under a preference category:

• Immediate relatives of a U.S. citizen include a spouse, unmarried children under 21, and parents. There is no annual visa cap for them, which means the case can move forward without waiting in line.
• Other qualifying family members fall under preference categories. These are subject to yearly limits, so wait times can be much longer depending on the category and the beneficiary’s country of chargeability.

The preference categories are:

• First preference: Unmarried sons and daughters (21 or older) of a U.S. citizen.
• Second preference (2A): Spouse and unmarried children under 21 of a lawful permanent resident.
• Second preference (2B): Unmarried sons and daughters (21 or older) of a lawful permanent resident.
• Third preference: Married sons and daughters of a U.S. citizen.
• Fourth preference: Adult siblings of a U.S. citizen.

If you or your family member serves in the U.S. Armed Forces, you may qualify for additional immigration benefits, such as parole in place. Speak with our attorney to review your specific situation.

Can a U.S. citizen petition for a family member?

U.S. citizens can petition for more relatives than lawful permanent residents. Depending on the facts, they may file a petition for a Green Card or, in certain situations, pursue a K-1 fiancé(e) visa.

Family members a U.S. citizen can petition for

Family members a U.S. citizen can petition for include:

• Spouse.
• Unmarried children under 21.
• Mother or father, if the U.S. citizen is at least 21 years old.
• Unmarried sons and daughters (21 or older).
• Married sons and daughters.
• Siblings, if the U.S. citizen is at least 21 years old.

The first three groups are considered immediate relatives. The others fall under preference categories and may require years of waiting based on the priority date.

Fiancé(e) visa and the K-3/K-4 visa

The K-1 visa remains a good option for people who want to bring a fiancé(e) from abroad. 

The K-3/K-4 exists on paper but is rarely used in practice. This is because when the I-130 is approved before the K-3 process moves forward, USCIS closes the K-3 case and the spouse continues through the immigrant visa process.

For example, if a U.S. citizen files an I-130 for a spouse living outside the U.S. and USCIS approves it, the case will most likely proceed as an IR-1 or CR-1, not as a K-3.

Can a lawful permanent resident petition for a family member?

A lawful permanent resident can petition for certain relatives, but with important limits. This means they can petition only for:

1. Their spouse.
2. Their unmarried children under 21.
3. Their unmarried children 21 or older.

A lawful permanent resident cannot petition for parents, siblings, or fiancé(e)s. In addition, their cases fall under preference categories, so visa availability is critical.

To begin the petition, you will typically file an I-130, proof of permanent residence, and documents showing the relationship, such as birth or marriage certificates, as applicable.

After the I-130 is approved, the next step depends on where your family member is located and whether a visa number is available: 

• If the beneficiary is outside the United States, the case usually moves to the National Visa Center. 
• If the beneficiary is in the U.S. and qualifies, they may consider adjustment of status once the priority date is current.

Requirements for U.S. family-based immigration

In general, the requirements vary based on whether the petitioner is a U.S. citizen or a lawful permanent resident, and on which family member is being petitioned for.

If you are a U.S. citizen

If you are a U.S. citizen, you can petition for your spouse, children, parents, and siblings (if you are at least 21). To start the process, you will typically need:

• Form I-130 for each family member you want to petition for.
• Proof of U.S. citizenship (such as a passport, naturalization certificate, or birth certificate).
• Documents showing the qualifying family relationship (birth certificate, marriage certificate, etc.).
• Form I-864, Affidavit of Support.

If you are a lawful permanent resident

You can petition for your spouse and unmarried children (under 21 or 21 or older). You cannot petition for parents, siblings, or married children. To start the process, you will typically need:

• Form I-130 for each family member you want to petition for.
• A copy of your Green Card as proof of permanent residence.
• Documents showing the qualifying family relationship.
• Form I-864, Affidavit of Support.

After you file the petition

Once the I-130 is approved, the case will follow one of these two paths:

• Adjustment of status: If your family member is in the U.S. and qualifies to file Form I-485 without leaving the country.
• Consular processing: If your family member is outside the U.S., the case goes to the National Visa Center (NVC) and then to the appropriate embassy or consulate.

Keep in mind that for relatives in preference categories, the case cannot move forward until a visa number is available under the Visa Bulletin, while immediate relatives of U.S. citizens do not have that wait. In any case, you can track updates through case status if you want the most current information.

Form I-130 for U.S. family-based immigration

Form I-130 is the first step in most family-based immigration cases. Filing it does not, by itself, grant immigration status, but it formally opens the family reunification process.

• It is used to prove the qualifying relationship between petitioner and beneficiary.
• It can be filed online or by mail, depending on the case.
• In certain cases, the green card application is later filed using Form I-485.

Not every family member qualifies. For example, grandparents, aunts, uncles, cousins, in-laws, and nieces and nephews are not eligible categories for Form I-130. There are also sensitive situations, such as sham marriages or family relationships that do not meet the legal requirements for age or validity.

Who cannot be petitioned for using Form I-130?

Even if you have a U.S. citizen or lawful permanent resident relative, there are situations where they cannot petition for you, even with an I-130. These include:

• Adopted children if the adoption was finalized after age 16.
• A stepparent if the marriage happened after the child turned 18.
• Spouses who were not physically present at the marriage ceremony.
• Spouses whose marriage USCIS determined was entered into solely to obtain an immigration benefit.
• Grandparents, grandchildren, aunts, uncles, cousins, in-laws, and nieces and nephews.

If you are married and want to petition for your spouse, you must prove the marriage is bona fide. Otherwise, it may be treated as immigration fraud.

Petitions for relatives of refugees or asylees

People with refugee status or asylum can also petition for certain relatives, but this option is more limited than family petitions based on citizenship or permanent residence.

In these cases, Form I-730 is generally used for a spouse and unmarried children under 21, as long as the legal requirements are met.

If this applies to you, you may also want to read about how to apply for asylum in the United States.

Documents needed for U.S. family-based immigration

Requirements vary, but the documents are generally as follows:

Petitioner documents:

• Proof of citizenship (passport, naturalization certificate, or birth certificate) or a copy of the Green Card.
• Name change document, if applicable.

Documents showing the family relationship:

• Birth certificate.
• Prior divorce decrees (if either party was previously married).
• Adoption decree, if applicable.

Forms:

• I-130, Petition for Alien Relative (one for each family member).
• I-864, Affidavit of Support.
• I-485, if your family member is adjusting status in the U.S.

If the case goes through consular processing:

• Form DS-260.
• A medical exam completed by an authorized physician.
• The beneficiary’s civil documents (birth certificate, passport, police certificates if applicable).

What additional documents are commonly requested?

In addition to the items above, you may be asked for:

• Additional proof of the relationship.
• Evidence of a bona fide marriage, in spouse cases.
• Financial documents.

The exact documents can change depending on your situation and your family member’s circumstances. If you have questions, speak with our attorney before filing any forms.

Frequently asked questions about U.S. family-based immigration

How much does it cost to file a family petition?

The Form I-130 fee is no longer $535. Currently, USCIS charges $625 if filed online and $675 if filed on paper, although it is always smart to confirm the official fee schedule before submitting your case.

Also, in many cases the total cost is not limited to the I-130, since you may also have filing fees for the I-485, consular processing, the medical exam, and other forms depending on the case strategy.

How long does a family petition take?

There is no single timeline. The total time depends on the relationship, the petitioner’s status, the processing center, whether a visa number is available, and whether the case is handled through adjustment of status or consular processing. 

That is why it is often more accurate to think of the process in stages rather than one fixed timeframe for every case.

Where do I file an I-130 petition?

The filing address or filing method depends on where you live and whether you will file online or by mail. USCIS maintains an official address chart for Form I-130.

Can I petition for a same-sex spouse?

Yes. After the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015) and the later passage of the Respect for Marriage Act (2022), legally married same-sex couples have the same immigration rights as any other married couple.

Our firm also handles immigration cases for members of the LGBTQ+ community. Contact us to evaluate your immigration options.

Legal help with U.S. family-based immigration

If you want to reunite your family in the United States, it helps to review from the start whether your family member: 

• Qualifies as an immediate relative or falls under a preference category, 
• Should pursue adjustment of status or consular processing,
• May face inadmissibility issues, and whether your financial sponsorship meets the requirements.

At Curbelo Law, our New Jersey immigration lawyers help immigrants with family petitions for spouses, children, parents, and siblings, as well as asylum cases, waivers, and procedural complications.

Our goal is to build a strong case from the beginning to help you avoid mistakes and unnecessary delays. Call today for a 100% confidential legal consultation to determine the best strategy for your case.