Who qualifies
You qualify if a U.S. citizen or lawful permanent resident relative files an I-130 on your behalf: spouse, parent, unmarried child under 21, unmarried child 21+, married child, or sibling of a U.S. citizen. Same-sex marriages and step-relationships established before age 18 are recognized on the same terms.
Eligibility requirements
- Qualifying relationship to a U.S. citizen or lawful permanent resident, documented with certificates and photos.
- Petitioner meets or exceeds 125% of the Federal Poverty Guidelines on the Form I-864 Affidavit of Support (100% for active-duty military).
- Beneficiary admissible to the U.S. — no criminal, health, security, or fraud bars, or an approved waiver.
- For preference categories: priority date is current under the monthly Visa Bulletin.
- For adjustment of status: continuous lawful status maintained inside the U.S., or eligibility under INA §245(i).
Step-by-step process
- 1
Petition (I-130)
The U.S. citizen or LPR files Form I-130 with USCIS establishing the qualifying relationship. Processing 12–24 months for most family types.
- 2
Priority date & Visa Bulletin
The date I-130 is filed becomes the priority date. Preference-category beneficiaries wait for that date to become current under the monthly Visa Bulletin. Immediate relatives skip this wait.
- 3
Visa application
Either NVC processing and DS-260 for consular applicants abroad, or Form I-485 adjustment of status for beneficiaries lawfully present in the U.S.
- 4
Medical & biometrics
Civil-surgeon medical exam (Form I-693), biometrics appointment, and any requested background documentation.
- 5
Interview
Consular interview at the designated U.S. embassy or USCIS field-office interview for AOS. Focus is authenticity of the relationship and admissibility.
- 6
Approval & entry
Immigrant visa stamp for consular applicants (green card mailed within 90 days of U.S. entry), or I-485 approval and green card by mail for AOS filers.
Required documents
- Form I-130 with filing fee and supporting evidence of relationship
- Petitioner's proof of U.S. citizenship or LPR status (passport, naturalization certificate, green card)
- Marriage / birth certificates translated where applicable
- Form I-864 Affidavit of Support with three years of tax transcripts
- Beneficiary's passport, birth certificate, police clearances from every country lived in 6+ months since age 16
- Medical exam (Form I-693) sealed envelope
- Passport-style photos to State Department specifications
- Prior U.S. visa records and I-94 history
Processing times
Immediate-relative cases (IR-1, IR-2, IR-5, CR-1) complete in 12–18 months from I-130 filing to green card in hand. F2A currently moves in 24–36 months. F1, F3 and F4 preference categories can wait 7–24 years depending on chargeability country — the Philippines and Mexico face the deepest backlogs in F3 and F4.
Costs and fees
| I-130 filing fee | $675 paper / $625 online |
| DS-260 immigrant visa fee (consular) | $325 |
| Affidavit of Support review fee | $120 |
| USCIS immigrant fee (after visa) | $235 |
| I-485 adjustment (if inside U.S.) | $1,440 |
| Medical exam | $200–$500 |
Pros and cons
Pros
- No language, education, or job-offer requirements.
- Immediate-relative track has no annual cap or backlog.
- Green card is unconditional for parents, adult children and siblings of citizens.
- Approved I-130 keeps its priority date even if converted between categories.
Cons
- Preference categories can take 7–24 years depending on nationality.
- Petitioner income requirement excludes many low-income sponsors without a co-sponsor.
- Marriage-based cases receive intense fraud scrutiny; two-year conditional cards require joint I-751 filing.
- Priority date is lost if the petitioner dies, unless humanitarian reinstatement is granted.
Frequently asked questions
How long does the family Green Card process take?+
Immediate relatives typically get their green card in 12–18 months. F2A moves in 24–36 months. F1, F3, and F4 preference categories currently range from 7 to 24 years depending on country of birth — the Philippines and Mexico face the longest F3/F4 waits.
Can a permanent resident sponsor their parents?+
No. Only U.S. citizens can sponsor parents (as immediate relatives, no cap). Green card holders can only sponsor a spouse and unmarried children under F2A/F2B.
Does my petitioner really need to earn 125% of the poverty line?+
Yes, or find a joint sponsor who does. USCIS will deny the affidavit if income and assets combined fall short — three years of tax transcripts and current pay stubs are examined at interview.
Can I include my children on my parent's I-130?+
Derivatives are only allowed on preference-category petitions (F1, F2, F3, F4). Immediate-relative I-130s do not accept derivatives; each family member needs their own petition.
What happens if my petitioner dies before I get my green card?+
Under INA §204(l), a surviving relative can typically continue the case if you resided in the U.S. at the time of death or moved there shortly after. Otherwise, humanitarian reinstatement may be requested from USCIS.
EntryNest tools that help
- Run the Eligibility Checker to see whether immediate-relative or preference filing fits your case.
- Use the Cost Calculator to price the whole family process, including derivatives.
- Use the Timeline Planner to model your Visa Bulletin wait by category and country.
