U.S. citizens and lawful permanent residents (green card holders) have the right to apply for an immediate family member to join them in the U.S. and to become lawful residents.
The process begins with filing a family-based petition with USCIS. The length of time it takes to complete the process depends on which family member is being petitioned; the classification applicable to the petition; and the nationality of your relative.
You may petition for U.S. residency, a green card, for the family members listed below. Some of these petitions are subject to quotas depending on whether the petitioner is a U.S. Citizen or Lawful Permanent Resident, which family member you are petitioning and your family member's nationality.
A U.S. Citizen or resident may file a petition their spouse to become a resident. This would be classified as an immediate relative and not subject to a quota. Petitions by U.S. residents have a quota.
U.S. Citizens or residents may file a petition for their children under 21, including certain stepchildren and adopted children, to become residents. Only petitions filed by U.S. residents are subject to a quota.
U.S. Citizens may file a petition their parents to become residents., if the U.S, Citizen is over 21 of age. No Quotas.
A U.S. Citizen may file a petition for their adult children over 21 and for their married children, along with grandchildren, under 21, to become residents. U.S. residents can apply for their unmarried adult children along with their children. Quotas apply to all classifications.
U.S. Citizens may file a petition for their brothers and sisters along with their spouses and children under 21. Quotas apply.
There are two different tracks for obtaining your U.S. residency. Consular Processing or Adjustment of Status.
If your immediate family member is not in the U.S., then the State Department will process the immigrant visa application.
If your immediate family member entered the U.S. lawfully, then they may apply for Adjustment of Status without leaving the U.S.
If your relative has never been to the U.S. or cannot adjust their status and needs a Waiver.
If your relative is in the U.S. and is otherwise eligible.
You may be able to file a petition for your fiancée to come to join you in the U.S.
If your spouse and unmarried children under 21 are not n the U.S. you may petition for them to enter the U.S. to complete the process instead of waiting a long time for their consular interview.
If your family member is ineligible due to unlawful entry or stay, or due to a criminal record, public assistance, or a prior deportation order, then a Waiver application may cure the ineligibility.
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