Family-Based Petitions
As a U.S. citizen or lawful permanent resident (Green Card holder), you may be able to help certain family members become lawful permanent residents of the United States. Family-based petitions fall into two groups: immediate relatives of U.S. citizens and family preference categories.
Call me to talk about your case: (405) 726-1075
How does a family-based petition work?
- Form I-130. The U.S. citizen or permanent resident (the petitioner) files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish that a qualifying family relationship exists.
- Waiting for a visa number (preference categories only). Preference categories have annual limits. The relative’s place in line is set by the priority date, and the Department of State publishes the cut-off dates each month in the Visa Bulletin. Immediate relatives of U.S. citizens are not subject to these annual limits.
- Getting the Green Card. When a visa is available, the relative either applies from inside the United States with Form I-485 (adjustment of status), if eligible, or applies for an immigrant visa abroad through the National Visa Center (NVC) and a U.S. embassy or consulate (consular processing).
- Interview and decision. An officer reviews eligibility and admissibility. Some applicants need a waiver for a ground of inadmissibility.
An approved I-130 by itself does not give a relative status, permission to work, or protection from removal.
Immediate relatives of U.S. citizens
Immediate relatives are the spouses, unmarried children under 21, and parents of U.S. citizens (the citizen must be at least 21 to petition for a parent). There is no annual numerical limit on immigrant visas for immediate relatives (INA 201(b)(2)(A)(i)).
Family preference categories
- First preference (F1): unmarried sons and daughters (21 or older) of U.S. citizens.
- Second preference (F2A): spouses and children (unmarried and under 21) of permanent residents.
- Second preference (F2B): unmarried sons and daughters (21 or older) of permanent residents.
- Third preference (F3): married sons and daughters of U.S. citizens.
- Fourth preference (F4): brothers and sisters of U.S. citizens, if the citizen is 21 or older.
Spouses and unmarried children under 21 of the main beneficiary may be able to immigrate with them as derivatives in preference cases (INA 203(d)). Wait times vary by category and by country and change every month, so please check the current Visa Bulletin or ask me.
Current USCIS filing fees
According to USCIS Form G-1055, Fee Schedule (edition 10/16/26):
- Form I-130: $675 paper filing / $625 online filing.
- Form I-485 (general filing): $1,440 paper filing.
Fees change. Always confirm the amount on the USCIS Fee Schedule before filing, because a petition with the wrong fee is rejected.
Legal references
- INA 201(b) and 203(a), family-sponsored immigrants; INA 204, petition procedure; INA 245, adjustment of status.
- 8 CFR 204.1–204.2 (family-based petitions) and 8 CFR part 245 (adjustment of status).
If you would like more information about family-based petitions, or you need help filing one, please contact me to schedule a consultation.
Call me: (405) 726-1075 · christine@cghoffmanlaw.com
This page is not legal advice. It is general information based on official government sources as of October 20, 2026. Immigration laws, policies, fees and processing change often, and every case is different. Reading this page does not create an attorney-client relationship. No outcome is guaranteed. Please contact me to discuss your specific situation.