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Who can petition for whom
U.S. citizens can petition for their spouses, children, parents (if the citizen is 21 or older) and siblings. Permanent residents can petition for their spouses and unmarried children.
Spouses, unmarried children under 21 and parents of U.S. citizens are immediate relatives: there is no annual limit on their visas. Everyone else falls into a family preference category with a yearly cap, which means a wait. The State Department's monthly Visa Bulletin shows which priority dates are current for each category and country.
Adjustment of status or consular processing
There are two ways to finish. Adjustment of status is done inside the United States with USCIS, and is generally open to people who entered lawfully and have a visa immediately available. Consular processing is done through the National Visa Center and a U.S. embassy or consulate abroad.
The choice is not always yours. How you entered, time spent here without status, and prior immigration or criminal history can decide which route is open, and whether leaving the country for a consular interview would trigger a bar to coming back. This is the question to settle before anything is filed.
What the process involves
The family member files a petition to prove the relationship. The person immigrating then applies for residence, with a medical exam, a financial affidavit of support from the sponsor, background checks, and usually an interview.
Marriage cases get particular attention: the couple must show the marriage is genuine. If the marriage is less than two years old when residence is granted, the green card is conditional for two years, and the couple must file together to remove the conditions before it expires.
Common questions
Can I work while my adjustment application is pending?
People who file for adjustment of status can also apply for work authorization and for a travel document. Travelling without the travel document while the application is pending can end the application, so ask before you plan a trip.
I entered without a visa. Can my spouse still petition for me?
The petition can be filed, but finishing the process is more complicated and may require a waiver and a consular interview abroad. Whether that is safe for you depends on your history, and it should be assessed before you leave the country.
What is the Visa Bulletin?
A monthly State Department publication showing which petition filing dates are being processed in each capped category. If your category has a wait, the bulletin tells you where the line is.
Official sources
This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.
This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.