How a family member can help you get a green card

This page gives the big picture of family petitions. It is general information, not legal advice. For a parent filed for by a citizen child, see Can my US citizen son or daughter sponsor me?

Who can file for me?

It depends on two things: whether your relative is a citizen or a green card holder, and how you are related.

A U.S. citizen can file for:

A green card holder can file for:

A green card holder cannot file for a parent, a brother or sister, or a married child. Nobody can file for a grandparent, aunt, uncle, cousin, niece or nephew. If a married child of a green card holder needs help, that parent must become a citizen first.

How does it work?

Every family case has two big steps.

1. The petition. Your relative files Form I-130 with USCIS. It proves the family tie: birth certificates, marriage certificates, proof the petitioner is a citizen or green card holder. The date USCIS receives a properly filed petition becomes your priority date. That date is your place in line.
2. The green card. When a visa is available for you, you apply for the green card. You do this either inside the U.S. (adjustment of status, Form I-485, $1,440) or at a U.S. consulate abroad.

In the categories that wait in line (F1 to F4), your unmarried children under 21 can come with you on the same petition. In F3 and F4, your husband or wife can come too (22 CFR 42.31(b)). People in F1 and F2B are unmarried, so there is no spouse to include. Immediate relatives are different: each person needs their own petition (8 CFR 204.2(a)(4)). For example, a U.S. citizen who marries someone with a child files one I-130 for the spouse and a separate one for the stepchild, if the child qualifies. A child who turns 21 during the wait may lose this, so ask a lawyer early.

The petitioner also signs a promise of support, Form I-864. They must live in the U.S., be at least 18, and earn at least 125% of the federal poverty line for the household. If they earn too little, a joint sponsor can sign too. The promise is a legal contract. See What a sponsor promises when signing an affidavit of support.

How long is the wait?

For immediate relatives, there is no line. The only wait is USCIS processing time. Check the USCIS processing times tool for the current wait at your office before you plan around a date.

For everyone else, the wait can be years. We won't sugarcoat it. Here is how to read your place in line:

1. Find your priority date on your I-130 receipt notice.
2. Open the current Visa Bulletin.
3. Find your category (F1, F2A, F2B, F3 or F4) and the column for your country of birth. Mexico, India, China and the Philippines have their own columns. Everyone else uses "All Chargeability."
4. If your priority date is earlier than the final action date shown, a visa can be issued to you now.

A real example. In the October 2026 bulletin, the final action date for married sons and daughters of citizens born in Mexico was July 1, 2001. Some categories wait more than 20 years. Others move much faster. Check your own line each month.

What changes your place:

• If your petitioner becomes a citizen, your category can change. A green card holder's spouse becomes an immediate relative, with no line.
• If you marry, some categories end or change. An unmarried son or daughter of a green card holder who marries loses that category.
• If a child turns 21, they may move to a slower category. A law called the Child Status Protection Act can help. See What happens if my child turns 21 while waiting.
• If your petitioner dies, some cases can continue. See Can I still get my green card if my sponsor died?

A long wait is still a path. The date you file holds your place. Many families file early for exactly that reason.

Where do I finish my case?

This is the question that decides most cases. It depends on how you entered the U.S.

If you were inspected and admitted or paroled (for example, you came on a visa or with parole), you may be able to finish here with Form I-485. Spouses, minor children and parents of adult citizens are forgiven some problems, such as an overstay or work without a permit. People in the waiting categories usually are not. They generally must have kept lawful status.

If you crossed without being inspected, you generally cannot finish here, unless an older law called section 245(i) covers you. It can help people who had a family or job petition, or a labor certification, filed for them on or before April 30, 2001. Otherwise, you must finish at a consulate abroad, and leaving can trigger a bar:

• More than 180 days of unlawful presence after age 18, then leaving: a 3 year bar.
• One year or more after age 18, then leaving: a 10 year bar.

A waiver may forgive these bars if a U.S. citizen or green card holder spouse or parent would suffer extreme hardship. A child does not count for this waiver. The I-601A version is filed before you leave, so you know the answer first. See The 3 and 10 year bars and the waiver to forgive them and Can I get a green card inside the US if I entered without papers?

What if I marry a U.S. citizen?

Marriage to a citizen makes you an immediate relative, with no line. The marriage must be real. A marriage entered to get papers bars any later petition for life.

If you have been married less than two years when you get the green card, it is conditional. You and your spouse must file together in the 90 days before the second anniversary of your green card to remove the conditions. If no one files, your status ends. See How to remove conditions on your two year green card.

Marriage does not fix an entry without inspection. The same bars and waiver rules above still apply.

What does it cost?

USCIS and State Department fees (checked October 19, 2026):

USCIS fees are not refunded if the case is denied. Pay only through uscis.gov or the official forms.

What can go wrong?

• Filing before a screening. Since February 28, 2025, a USCIS memo says the agency will issue a Notice to Appear, which starts a deportation case, when it denies a request from someone who is not lawfully present. A weak case can do harm.

• Hidden bars. Past deportations, false papers, a false claim to be a citizen, and some criminal records can block a case. See Can I still get a green card or relief if I have a record?

• Public charge. A new federal rule took effect September 18, 2026. Officers look at age, health, money, skills and the sponsor's promise. See Will using benefits like CalFresh hurt my case?

• Travel bans. Since January 1, 2026, immigrant visas are suspended for nationals of certain countries, including most family cases. See Travel bans and family visas.

• Notarios. In California, a consultant cannot give legal advice. See Warning signs of an immigration scam.

• Moving without telling USCIS. Report a new address within 10 days so you don't miss notices. See How to tell USCIS you moved.

• A tougher look at cases filed inside the U.S. A USCIS memo dated May 21, 2026, PM-602-0199, calls a green card from inside the country "a matter of discretion and administrative grace." It tells officers to count staying past a visa or parole as a negative factor, even for spouses and parents of citizens. Gather proof of your positive factors before you file. See Can I still apply for a green card inside the US?

Questions people ask

My brother is a citizen. Should he file for me even if the wait is long? Often yes, after a screening. Filing locks in your priority date. Ask whether filing creates any risk for you first.

My mother has a green card. Can she file for me if I am married? No. She must become a citizen first. Then she can file in the F3 category.

Can my relative file for me while I am in immigration court? Yes, the petition can be filed. In court, the judge usually decides the green card part. Your lawyer must handle this.

Does a petition give me a work permit or protect me from deportation? A pending I-130 alone does not. A pending I-485 can let you ask for a work permit.

Who can help?

You don't have to figure this out alone. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the U.S.: the DOJ list of pro bono legal service providers or ImmigrationLawHelp.org

For San Mateo and Santa Clara county residents:

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road. For low income residents of San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment. First consultation free.
• San Mateo County Immigrant Services: (650) 363-4194, immigrantservices@smcgov.org
• Catholic Charities of Santa Clara County: (408) 468-0100
• SIREN: (408) 453-3003, free phone consultations by appointment
• Asian Law Alliance: (408) 287-9710

Anywhere in California:

• California Department of Social Services: the state's map of free immigration legal services, or (916) 651-8017.

For Bay Area residents:

• Help paying fees: Mission Asset Fund's Bay Area grant for DACA recipients and Dreamers can cover up to $5,000 in green card and lawyer fees. Program page

Only a lawyer or a DOJ accredited representative may give you legal advice. See Free legal help in the Bay Area.

Is there a checklist I can print?

Family is often the strongest path to papers. Take it one careful step at a time, and don't lose hope.