Bringing a family member to the United States starts with one form — but the timeline that follows depends almost entirely on who you are petitioning for.
Step one: Form I-130
The I-130, Petition for Alien Relative, establishes that a qualifying family relationship exists. It does not by itself grant status, a visa, or permission to enter — it proves the relationship.
As of 2026 the filing fee is $625 online or $675 by mail.
Who a U.S. citizen can petition for
- Spouse
- Unmarried children under 21
- Unmarried sons and daughters 21 or older
- Married sons and daughters of any age
- Parents — if the petitioner is 21 or older
- Siblings — if the petitioner is 21 or older
Lawful permanent residents can petition for a narrower group: spouses and unmarried children.
Why some families wait years and others do not
This is the part that causes the most confusion. Immediate relatives of U.S. citizens — spouses, parents, and unmarried children under 21 — have visas immediately available. There is no annual cap.
Everyone else falls into a preference category with an annual limit. A visa has to become available before the case can move forward, and that wait is tracked in the Department of State’s monthly Visa Bulletin. For some categories and some countries, the wait is measured in years.
Step two: where your relative is
Once the I-130 is approved and a visa is available:
- Already in the U.S. — they may be able to file Form I-485 to adjust status without leaving the country.
- Outside the U.S. — the case goes through consular processing at a U.S. embassy or consulate.
Which path applies is not always a free choice. How your relative entered the country, and whether they have any period of unlawful presence, can determine whether adjusting status inside the U.S. is even an option.
Before filing, it is worth confirming which category your relative falls into and what that means for the wait. It changes the entire plan.