Building Dreams

Family Based Immigration Visas

Family based petitions are available for certain family members of United States citizens and Lawful Permanent Residents in the United States who are at least 18 years of age.

A U.S. Citizen may petition for the following relatives:

  • Husband or wife;
  • Unmarried child under 21 years of age;
  • Unmarried son or daughter over 21 years of age;
  • Married son or daughter of any age; and
  • Parent, brother or sister if the U.S. Citizen is at least 21 years of age.

A Lawful Permanent Resident may petition for the following relatives:

  • Husband or wife; and
  • Unmarried son or daughter of any age.

The U.S. Citizen or Lawful Permanent Resident sponsors the alien relative for lawful permanent residency. For the immediate relatives of U.S. Citizens (parents, spouses and unmarried children under 21 years old), an immigration visa number becomes immediately available upon the filing of an I-130 Petition for Alien Relative. Preference categories have been established for the remaining categories of family members. The waiting period for an immigration visa number depends on which preference category the family member falls into. The preference hierarchy is as follows (highest to lowest priority):

  • Unmarried adult sons and daughters (21 years or older) of U.S. Citizens;
  • Spouses of lawful permanent residents, unmarried children (under 21 years of age) of lawful permanent residents, and unmarried sons and daughters of lawful permanent residents;
  • Married sons and daughters of U.S. Citizens; and
  • Brothers and sisters of adult U.S. Citizens.

Contact San Diego Immigration Lawyer Donald R. Oder for a free consultation.

Frequently Asked Questions