Family Petition for Permanent Residence in the U.S.
Get guidance with family-based petitions for qualifying relatives seeking permanent residence in the United States.
Helping Families Navigate Immigration Petitions
A citizen or lawful permanent resident of the United States may file a petition with U.S. Citizenship and Immigration Services (“USCIS”) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.
Who May File a Family Petition for Permanent Residence in the U.S.
If you are a U.S. citizen, you must file a separate petition for each eligible relative. You may file a petition for:
- Your spouse;
- Your unmarried children under 21 years of age;
- Your unmarried sons or daughters 21 years of age or older;
- Your married sons or daughters of any age;
- Your brothers or sisters (you must be 21 years of age or older); and
- Your mother or father (you must be 21 years of age or older).
If you are a lawful permanent resident of the United States, you may file a petition for:
- Your spouse;
- Your unmarried child is under 21 years of age; and
- Your unmarried son or daughter is 21 years of age or older.
Special Cases
Fiancé
A U.S. citizen may file this petition if you and your Fiancé:
Stepchild
The relationship must be established prior to the child turning 18.
Adopted Child
Adopted child: The relationship must be established before the child turns 16.
Marriage While a Spouse is in Removal Proceedings
There are 2 ways to have this type of case approved:
Persons Filing for Spouses That Have Been Married Less Than Two Years
If you have been married less than two
Petitioner’s Criminal History
The Adam Walsh Child Protection and Safety Act of 2006 prohibits a U.S. citizen or lawful permanent resident from petitioning a spouse or fiancé if the petitioner has