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Family petition (I-130): children, siblings and the Visa Bulletin

A family petition is Form I-130, which a U.S. citizen or green card holder files to start a green card case for a qualifying relative such as a child, adult son or daughter, or sibling. Some relatives can immigrate right away as immediate relatives, while others fall into preference categories and must wait until the Visa Bulletin shows a visa is available.

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Who this is for

  • U.S. citizens can petition for spouses, unmarried children under 21, unmarried and married sons and daughters, parents (if the citizen is 21+), and brothers and sisters (if the citizen is 21+).
  • Green card holders can petition for spouses, unmarried children under 21 and unmarried sons and daughters 21 or older, but not for married children, parents or siblings.
  • Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) are not subject to annual visa limits.
  • Preference categories: F1 unmarried sons and daughters (21+) of citizens; F2A spouses and children under 21 of green card holders; F2B unmarried sons and daughters (21+) of green card holders; F3 married sons and daughters of citizens; F4 brothers and sisters of adult citizens.
  • In preference categories, the relative's spouse and unmarried children under 21 can often immigrate with them as derivatives.

Forms involved

FormOfficial nameWhat it does
I-130Petition for Alien RelativeFiled by the U.S. citizen or permanent resident to prove the family relationship and set the priority date.
I-485Application to Register Permanent Residence or Adjust StatusUsed by an eligible relative in the U.S. once a visa number is available.
DS-260Immigrant Visa Electronic ApplicationUsed by a relative abroad once the case reaches the National Visa Center and a visa is available.
I-864Affidavit of Support Under Section 213A of the INAThe petitioner's binding promise of financial support, required in most family cases.

Step by step

  1. Confirm the relationship qualifiesCheck that the petitioner's status (citizen or permanent resident) allows a petition for that relative, and in which category.
  2. File Form I-130The petitioner files the I-130 with proof of status and of the relationship. The filing date usually becomes the relative's priority date.
  3. Wait for a visa to be availableIn preference categories, the relative waits until the priority date is earlier than the date listed for their category and country in the monthly Visa Bulletin.
  4. Complete the green card applicationThe relative files Form I-485 in the U.S. if eligible, or completes National Visa Center steps and the DS-260 if abroad.
  5. Medical exam, biometrics and interviewThe relative completes a medical exam, gives fingerprints, and may be interviewed by USCIS or a consular officer.
  6. Receive the green cardIf approved, the relative and any eligible derivative family members become permanent residents.

Documents usually requested

  • Proof of the petitioner's U.S. citizenship or green card
  • Birth certificate of the relative showing the petitioner's name (for children)
  • Birth certificates of both petitioner and sibling showing at least one shared parent (for siblings)
  • Marriage certificates and proof prior marriages ended, when relevant to the relationship
  • Adoption or legitimation records, if applicable
  • Relative's passport
  • Petitioner's tax returns and proof of income for the affidavit of support
  • Civil documents for derivative spouses and children
  • Police certificates from countries of residence (generally for consular processing)

How long it takes

For preference categories, the biggest factor is the Visa Bulletin wait, which depends on the category and the relative's country of birth and can be very long for some categories. USCIS and consulate workloads also matter; see egov.uscis.gov/processing-times/ and the Visa Bulletin.

Government filing fees

Form I-130 carries a USCIS filing fee, and later steps (Form I-485 or the State Department immigrant visa fees and USCIS immigrant fee) carry their own fees. Fees change, so check uscis.gov/g-1055 before filing.

Working and traveling while you wait

A relative usually cannot work or live in the U.S. just because an I-130 is pending. Once an I-485 is filed, they can generally apply for a work permit and advance parole.

Common mistakes to avoid

  • Assuming a green card holder can petition for a married child or a sibling; they cannot.
  • Not tracking changes such as marriage or turning 21, which can change or end a category.
  • Reading only the Final Action Dates chart in the Visa Bulletin without checking which chart USCIS accepts that month.
  • Assuming a pending I-130 allows the relative to live or work in the U.S.
  • Missing documents proving the shared parent in sibling cases.

How MyUSVisa helps

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  2. Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
  3. Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
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Frequently asked questions

What is the Visa Bulletin?
The Visa Bulletin is a monthly State Department chart that shows which priority dates can move forward in each family and employment category. If your priority date is earlier than the date listed for your category and country, a visa is generally available or you may be able to file the next step.
What is a priority date?
Your priority date is usually the date USCIS received the I-130. It marks your place in line for preference categories.
What happens if my child turns 21 or gets married during the process?
The category can change. A child of a U.S. citizen who turns 21 usually moves from immediate relative to F1, marriage usually moves them to F3, and a married child of a green card holder generally loses eligibility; the Child Status Protection Act may protect some children, so an attorney can check.
Can I sponsor my brother or sister?
Yes, if you are a U.S. citizen age 21 or older. Siblings are in the F4 category, which often has a long wait, and their spouse and minor children can usually come with them.
If I become a citizen, does my relative's petition speed up?
Often yes. When a green card holder naturalizes, a pending petition for a spouse or child under 21 generally converts to immediate relative, and one for an unmarried adult son or daughter converts to F1.

Official sources

Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.