Family petition for a relative
The first step in almost every family-based green card: a U.S. citizen or permanent resident files Form I-130 to prove the family relationship. The petition fixes a priority date but gives the relative nothing on its own - no status, no work permission, no right to be in the country. The green card comes afterwards, either through adjustment of status inside the United States or a consular interview abroad.
Для кого. U.S. citizens petitioning for a spouse, child, parent, or sibling, and permanent residents petitioning for a spouse or unmarried child.
Формы по порядку
- 1
Work out the category and whether there is a queue
Immediate relatives of citizens - spouse, parent, unmarried child under 21 - have no wait. Everything else waits for a visa number under the monthly Visa Bulletin.
- 2
File Form I-130 with proof of the relationship and of the petitioner's status
- 3
Wait for approval and, in preference categories, for the priority date to become current
F2A can move quickly; F4 sibling cases from some countries run more than two decades.
- 4
Choose adjustment of status or consular processing
- 5
File the affidavit of support
Где чаще всего ошибаются
- The I-130 has no fee waiver, so the first step is unavoidable and costs $625 or more.
- An approved petition is not permission to be in the United States; people who wait here without status accrue unlawful presence.
- A beneficiary who entered without inspection generally cannot adjust status and faces the three- and ten-year bars on leaving, unless 245(i) applies.
- Denials go to the BIA on Form EOIR-29, not to the AAO on Form I-290B.
- The petitioner's death usually ends the petition, though INA 204(l) and humanitarian reinstatement can save some cases.
Что изменилось в 2025 и 2026 годах
- The State Department has issued 2025-26 guidance directing extra public charge scrutiny of immigrant visa applicants from nationalities it treats as at high risk of public benefits use.
- New 08/24/26 editions of Forms I-864, I-864A and I-864EZ are out.
- USCIS has been issuing notices to appear more readily after denials, which raises the cost of a weak filing.