Immediate relatives wait for processing; everyone else waits for a visa
Spouses, parents and unmarried children under 21 of United States citizens are immediate relatives. There is no annual cap on that category, so the only wait is the time it takes to work the case.
Every other family relationship sits in a preference category with a limited number of visas each year, allocated by country. The date the petition is filed becomes the priority date, and the relative waits until the State Department's monthly visa bulletin reaches it.
- F1 — unmarried sons and daughters of U.S. citizens, 21 or older.
- F2A — spouses and minor children of permanent residents.
- F2B — unmarried sons and daughters of permanent residents, 21 or older.
- F3 — married sons and daughters of U.S. citizens.
- F4 — brothers and sisters of adult U.S. citizens.
The waits are long, and they are not the same for everyone
Sibling petitions and preference cases from high-demand countries can take many years. That is not a reflection of your case; it is the statutory allocation of visa numbers.
It is still usually right to file early. The priority date is preserved, and children who are aging out may be protected by the Child Status Protection Act — which is calculated from dates that only exist once a petition has been filed.
Consular processing or adjustment
When a visa number becomes available, the relative either attends an interview at a United States consulate abroad or, if they are lawfully inside the country and eligible, adjusts status here.
The choice is not always free — it depends on how the relative entered, on any unlawful presence, and on their immigration history. Getting it wrong can trigger a bar that separates a family for years, so this is worth advice before anyone books a flight.
Questions we are asked about this
Can a green card holder petition for a parent or sibling?
No. Only United States citizens may petition for parents, married children or siblings. This is one of the practical reasons permanent residents who are eligible often decide to naturalise.
What is a priority date?
It is the date the petition was properly filed, and it is your family's place in the queue. When the visa bulletin's cut-off date for your category and country passes your priority date, a visa is available.
My child is about to turn 21 — does that change everything?
It can. Turning 21 moves a child out of the immediate-relative category and into a preference category. The Child Status Protection Act can freeze or subtract from an age in certain circumstances. If a child is approaching 21, that fact alone is a reason to speak to a lawyer now rather than later.