Family-Based Immigration 101: Who Can Petition for Which Relative?

Family-based immigration allows eligible U.S. citizens and lawful permanent residents (green card holders) to petition for certain relatives to immigrate to the United States. However, eligibility depends on the petitioner’s immigration status and the family relationship. Understanding these rules is the first step toward planning a family-based immigration case.

Which relatives can I petition for under U.S. immigration law?

U.S. citizens may petition for their spouses, unmarried children under 21, adult sons and daughters, parents (if the citizen is at least 21), and siblings (if the citizen is at least 21). Lawful permanent residents may petition for their spouses and unmarried children, including adult sons and daughters. Permanent residents cannot petition for parents or siblings. Each relationship must meet applicable legal requirements. See the official USCIS family immigration guidance. (www.uscis.gov/family)

What is a common red flag when starting a family petition in 2026?

A common mistake is assuming that filing Form I-130 automatically grants a green card or permission to remain in the United States. It does not. Some relatives must wait for an immigrant visa to become available, and others may need to complete additional eligibility steps. Visa availability and filing procedures can change, so check the U.S. Department of State’s Visa Bulletin and current USCIS instructions before taking action. (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html?)

Why trust Santamaria Law Firm with your family-based immigration petition?

Santamaria Law Firm helps families understand their immigration options, identify the appropriate petition category, and prepare supporting documentation. Every case has unique circumstances, including family relationships, immigration history, and visa availability. Careful case evaluation can help identify potential issues before filing and clarify the next steps toward family reunification.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every immigration case is unique. Please consult a qualified immigration attorney regarding your specific circumstances.