To get lawful permanent resident status in the United States (LPR status or a green card) on the basis of a family or marital relationship, you must be either the spouse, parent, child, brother, or sister of a U.S. citizen, or the spouse or child of a U.S. permanent resident. Each of these visa or green card categories is detailed below. In each case, the immigration process would be initiated by the U.S. petitioner filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
In some cases, a direct relationship with the U.S. sponsor or petitioner isn't required: If you are married to or the child of someone who is getting permanent residence through a family relationship, you can become a permanent resident along with that person, as a "derivative."
An important distinction to be aware of is that between "immediate relatives" and "preference relatives." Immediate relatives don't need to worry about visa availability; an unlimited numbers of visas and green cards are available to them each year. Preference relatives, by contrast, face annual limits on the numbers of visas/green cards, and demand often exceeds supply. In that case, they'll need to wait in line based on their "priority date" (as published on the State Department's monthly Visa Bulletin.) The waits can stretch for years, or in some cases decades.
Immigrant Visa for Parent of a U.S. Citizen
If your child is a U.S. citizen over the age of 21, the child can sponsor you for permanent resident status in the United States. You are considered an “immediate relative” of a U.S. citizen and will not have to wait for a “visa number” to become available before becoming a permanent resident, since there are unlimited visa numbers for immediate relatives.
Being the parent of a U.S. permanent resident is not, however, a basis for you to get permanent residence. You will have to wait until that person "naturalizes," and becomes a U.S. citizen.
Immigrant Visa for Child of a U.S. Citizen
In rare situations, children born outside the United States to a U.S. citizen parent or parents don’t need an immigrant visa to become a permanent resident because they are automatically, by law, U.S. citizens when they are born. Instead of a visa, the parents would apply for a U.S. passport for the child.
In many cases, however, the child of a U.S. citizen needs to become a permanent resident of the United States, with the U.S. citizen parent sponsoring the child. The legal definition of "child” in U.S. immigration statutes is someone who is under age 21 and not married.
A child of a U.S. citizen is an “immediate relative” and does not have to wait for a “visa number” to become available before becoming a permanent resident, since there are unlimited visa numbers for immediate relatives.
Immigrant Visa for Adult Son or Daughter of a U.S. Citizen
The adult son or daughter of a U.S. citizen is also eligible to become a permanent resident of the United States. The difference between an adult son or daughter and a “child” (under 21) of a U.S. citizen is that the adult son or daughter is not an “immediate relative” of the U.S. citizen and so must wait for a “visa number” to become available before becoming a permanent resident (and the demand always exceeds the annual supply).
The wait time is different for those who are married and those who aren’t.
The spouses and children of adult sons and daughters of U.S. citizens can also become permanent residents of the United States, as “derivatives” of their immigrating spouse or parent.
Immigrant Visa for Child of a U.S. Permanent Resident
A permanent resident of the United States (a green card holder) can sponsor their child to become a permanent resident as well. “Child” means someone who is under age 21 and not married.
After the parent files the sponsoring petition, usually the child must wait for a “visa number” to become available before becoming a permanent resident. The number of children of U.S. permanent residents who can become permanent residents themselves is limited each year, causing a wait list to develop.
The children of the child of a U.S. permanent resident can also become permanent residents of the United States at the same time, as “derivatives” of their parent. Married children, or the spouse of the child of a U.S. permanent resident cannot, however, be derivatives, because for an immigrating spouse to qualify as a “child,” they must be unmarried.
Immigrant Visa for Adult Son or Daughter of a U.S. Permanent Resident
The adult son or daughter of a U.S. permanent resident is also eligible to become a permanent resident of the United States, but only if unmarried. Like the children of U.S. permanent residents, adult unmarried sons and daughters of permanent residents are not “immediate relatives,” and so must wait for a “visa number” to become available before becoming a permanent resident, and the annual demand nearly always exceeds the supply.
The only difference between being an adult son or daughter of a U.S. permanent resident and a “child” of a U.S. permanent resident is that the adult son or daughter will have a longer wait to become a permanent resident.
The children of an adult unmarried son or daughter of a U.S. permanent resident can also become permanent residents of the United States at the same time, as “derivatives” of their parent.
Immigrant Visas for Stepchildren, Adopted Children, and Children Born Out of Wedlock
“Child,” for purposes of the categories described above, includes a stepchild. That means any child who was under 18 when the marriage creating the stepchild relationship occurred.
“Child” also includes an adopted child. Ordinarily, the child must have been adopted before turning 16 years old. There are rules about which adoptions can be recognized as creating a parent-child relationship. Certain adopted children who are now U.S. citizens over the age of 21 cannot sponsor their birth parents or any prior adoptive parents. If you’re not sure whether your adoption will be recognized under U.S. immigration law, see an immigration lawyer.
If a child was born to parents who were not married to each other at the time, the mother-child relationship will be recognized, but the father-child relationship requires a legal process called “legitimation” before the child turns 18 or else proof that the father has a true parental relationship with the child.
Immigrant Visa for Spouse of a U.S. Citizen
The spouse of a U.S. citizen does not automatically become a U.S. citizen or permanent resident, but can become a permanent resident if the U.S. citizen petitions for them. You have to be legally married according to the laws of the state or country you were married in. Any previous marriages must have been legally terminated, such as by death, annulment, or divorce.
As the spouse of a U.S. citizen, you are considered an “immediate relative” of a U.S. citizen and will not have to wait for a “visa number” to become available before becoming a permanent resident.
Immigrant Visa for Spouse of a U.S. Permanent Resident
The spouse of a U.S. permanent resident can become a permanent resident also, if the U.S. spouse petitions for them. You have to be legally married according to the laws of the state or country you were married in. Any previous marriages must have been legally terminated, such as by death, annulment, or divorce.
After the U.S. spouse files the sponsoring I-130 petition, usually the foreign-born spouse must wait for a “visa number” to become available before becoming a permanent resident. The number of spouses of U.S. permanent residents who can become permanent residents themselves is limited each year, causing a wait list to develop.
The children of the spouse of a U.S. permanent resident can also become permanent residents of the United States at the same time as the main immigrant, as “derivatives” of their parent.
Immigrant Visa for Brother or Sister of a U.S. Citizen
Brothers or sisters of a U.S. citizen can become permanent residents of the United States, if the U.S. brother or sister petitions for them. Permanent residence is available not only to full siblings, but to brothers and sisters who share only one parent through biological birth, those who became related after adoption, and those who are related through a stepparent.
After the U.S.-citizen brother or sister files the sponsoring I-130 petition, the foreign brother or sister must wait for a “visa number” to become available before becoming a permanent resident. The number of brothers or sisters of U.S. citizens who can become permanent residents each year is quite limited, causing a many-years-long waiting list to develop.
The spouse and children of the brother or sister of a U.S. citizen can become permanent residents of the United States at the same time as the primary immigrant, as “derivatives” of their spouse or parent.
Immigrant Visas for Other Relatives of a U.S. Citizen or Permanent Resident
Unfortunately, no other relative of a U.S. citizen or permanent resident is eligible for U.S. permanent residence on the basis of a family relationship. Grandparents, grandchildren, uncles, aunts, nieces, nephews, and cousins do not qualify, despite what you might have heard about so-called "chain migration."
Consult an attorney for a full analysis of your family members' prospects for U.S. residence.