FAMILY OF A UNITED STATES CITIZEN

The United States citizen may file a family petition using the Form I-130 for the following relatives:

Spouse

• Children (unmarried and under 21)
  
• Sons and daughters (married and/or 21 or over)
  
• Parents, if you are 21 or over
  
• Siblings, if you are 21 or over

Immediate Relatives
The  spouses, children (unmarried and under 21) and parents  of U.S.  citizens are considered immediate relatives. Visas are always available  for immediate relatives of U.S. citizens. This means your family member  does not need to wait in line for a visa. Immediate relatives who are in  the United States can filed the form I-485 at the same time as Form  I-130. 

Other Family Members
Also  known as preference categories, it applies to family members who are  not immediate relatives. The visas allotted for these categories are  subject to annual numerical limits. A visa becomes available to a  preference category based on the priority date (the date the Form I-130  was filed). Preference categories are grouped as follows:

• First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
• Third Preference: Married sons and daughters (any age) of U.S. citizens
  
• Fourth Preference: Brothers and sisters of adult U.S. citizens

FAMILY OF LAWFUL PERMANENT RESIDENTS

Permanent residents of the United States, also know as green card  holders may petition for certain family members to immigrate to the  United States as permanent residents:

• Spouse (husband or wife)
• Unmarried children under 21
• Unmarried son or daughter of any age

When a lawful permanent resident petitions for a relative, the following preference categories apply:

• Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents.
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents.

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). 

PROCESS

The process for a family member to receive the status of permanent  resident (Green Card), begin by filing Form I-130, Petition for Alien  Relative. This form establishes the family relationship that exists  between you and your relative. Sometimes the I-130 can be filed together  with an application for permanent residence, known as Form I-485,  Application to Register Permanent Residence or Adjust Status.

If  your relative is already in the United States, they may apply to adjust  status to become a lawful permanent resident after a visa number  becomes available using Form I-485.

If your  relative is outside the United States, your petition will be sent to the  National Visa Center (NVC). The NVC will forward your petition to the  appropriate U.S. consulate when a visa becomes available and your  relative will be notified about how to proceed. This process is referred  to as “consular processing.”

Your family member’s preference category will determine how long they will have to wait for an immigrant visa number.