Green Cards for Family Members of U.S. Citizens

Family-Based Green Card Petitions for Spouses, Parents, Children, and Siblings of U.S. Citizens

Serving Clients in Santa Ana

A green card petition is never one-size-fits-all.

The rules for sponsoring a spouse are not the same as the rules for sponsoring a parent, and the wait for a sibling’s green card can look nothing like the wait for a child’s.

Fontes Law Group immigration attorneys helps families understand exactly where their case fits under federal immigration law and what timeline they can realistically expect.

Whether you are filing your first Form I-130 or you have waited years for a priority date to become current, our immigration team reviews your relationship, your paperwork, and your options so you are not left guessing at any stage of the process.

We serve clients from our Santa Ana and Riverside offices, and our team is fully bilingual in English and Spanish.

Immediate Relatives vs. Family Preference Categories

U.S. immigration law divides family-based green cards into two tracks: Immediate Relatives and Family Preference Categories.

Under 8 U.S.C. Section 1151, spouses, unmarried children under 21, and parents of adult U.S. citizens are classified as immediate relatives, a category with no annual cap on visas.

Every other qualifying relationship, including siblings, falls under the family preference system established by 8 U.S.C. Section 1153, which limits the number of visas issued each year and places applicants on a waiting list tied to a priority date.

Knowing which track applies to your family member is the first step in building a realistic strategy, according to USCIS’s guidance on immediate relatives and family preference immigrants.

Why Clients Choose Fontes Law Group

Experience. Compassion. Results.

At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our immigration attorneys understand how stressful and uncertain the immigration process can be, whether you’re seeking a visa, applying for a green card, fighting deportation, or pursuing U.S. citizenship. We guide individuals and families through every step of the process with clarity, compassion, and strong legal advocacy.

Clients choose Fontes Law Group because we offer:

• Proven success handling family-based immigration, employment visas, green cards, citizenship, asylum, and deportation defense
• A bilingual legal team serving clients in English and Spanish
• Office locations in Santa Ana and Riverside
• No fees for your initial consultation
• A trusted reputation helping immigrants and families across Southern California

Green Card for Spouses of U.S. Citizens

The spouse of a U.S. citizen qualifies as an immediate relative under 8 U.S.C. Section 1151, meaning there is no annual cap and no waiting list once eligibility is established.

The U.S. citizen spouse starts the process by filing Form I-130, Petition for Alien Relative, along with evidence that the marriage is legally valid and entered into in good faith rather than solely for immigration benefits.

Spouses married to a U.S. citizen for less than two years at the time they receive their green card are granted conditional permanent residence, which requires filing a petition to remove the conditions before the two-year mark expires.

If your spouse is married to a lawful permanent resident rather than a U.S. citizen, the case instead falls under the F2A family preference category, which carries its own visa allocation and priority date.

Basic Requirements

• The petitioner must be a U.S. citizen
• The marriage must be legally valid in the place where it took place
• The marriage must be bona fide, meaning it was entered into for reasons other than obtaining immigration benefits
• The petitioner files Form I-130 along with evidence of the marital relationship
• The spouse must be admissible to the United States or eligible for a waiver of any inadmissibility grounds

Green Card for Parents of U.S. Citizens

A U.S. citizen who is at least 21 years old may petition for a parent as an immediate relative under 8 U.S.C. Section 1151.

This includes biological parents, adoptive parents, and stepparents where the relationship was established before the U.S. citizen turned 18.

Because there is no cap on immediate relative visas, parents of U.S. citizens do not sit in a visa queue once the I-130 petition is approved and the case is ready to move forward.

Lawful permanent residents cannot petition for a parent. Only U.S. citizens may sponsor a parent for a green card, which is an important distinction for families weighing whether to pursue naturalization first.

Basic Requirements

• The petitioning son or daughter must be a U.S. citizen at least 21 years old
• The relationship must be biological, adoptive, or a qualifying stepparent relationship established before the U.S. citizen turned 18
• The petitioner files Form I-130 along with proof of the parent-child relationship and their own U.S. citizenship
• The parent must be admissible to the United States or eligible for a waiver of any inadmissibility grounds

Green Card for Children of U.S. Citizens

How a child qualifies depends on the child’s age, marital status, and the petitioning parent’s immigration status.

• An unmarried child under 21 of a U.S. citizen is an immediate relative under 8 U.S.C. Section 1151.
• An unmarried child 21 or older falls into the F1 family preference category, and a married child of a U.S. citizen falls into F3, both governed by 8 U.S.C. Section 1153.
• A child of a lawful permanent resident, rather than a citizen, falls under the F2A or F2B categories depending on age and marital status.

Age matters because a child who turns 21 while a petition is pending can age out of eligibility for certain categories.

Federal law includes specific rules for calculating a child’s age for immigration purposes, and our attorneys review each case to determine which rules apply before a filing deadline is missed.

Basic Requirements

• The child must be unmarried and under 21 to qualify as an immediate relative of a U.S. citizen parent
• An unmarried child 21 or older, or a married child of any age, qualifies under a family preference category instead
• The petitioning parent files Form I-130 along with proof of the parent-child relationship, such as a birth certificate or adoption decree
• The child must be admissible to the United States or eligible for a waiver of any inadmissibility grounds

Green Card for Siblings of U.S. Citizens

A U.S. citizen who is at least 21 years old may petition for a brother or sister under the fourth family preference category, F4, established by 8 U.S.C. Section 1153.

Sibling petitions are numerically capped and subject to per-country limits, so the wait for a visa to become available can be substantial and depends heavily on the priority date and the sibling’s country of birth.

Because sibling cases move according to the U.S. Department of State’s monthly Visa Bulletin, we help clients track their priority date, prepare documentation well in advance, and understand what to expect while they wait.

Basic Requirements

• The petitioner must be a U.S. citizen at least 21 years old
• The petitioner and sibling must share at least one common parent
• The petitioner files Form I-130 along with proof of the relationship to the shared parent for both the petitioner and the sibling
• The sibling must wait for a visa number to become available under the F4 preference category before completing the final steps

How the Process Works

Nearly every family-based case starts the same way, with the U.S. citizen or lawful permanent resident filing Form I-130, Petition for Alien Relative to establish the qualifying relationship. A

n approved I-130 does not grant any immigration benefit on its own. It simply establishes a place in line.

From there, the path splits depending on where your family member is located.

If they are already in the United States and a visa is immediately available, they may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for adjustment of status without leaving the country.

If they are outside the United States, the case moves to the National Visa Center for consular processing. Immediate relatives can often file the I-130 and I-485 together, which can shorten the overall timeline.

In May 2026, USCIS issued Policy Memorandum PM-602-0199, which describes adjustment of status as a discretionary, extraordinary form of relief rather than an automatic entitlement, and directs officers to weigh factors such as immigration history and conduct when deciding whether to grant it.

The guidance does not eliminate adjustment of status for family-based applicants, but it signals closer scrutiny for cases filed from within the United States. Our attorneys stay current on this guidance and factor it into each client’s strategy.

Speak With a Santa Ana Green Card Attorney

If you are ready to petition for a spouse, parent, child, or sibling, or you are unsure which category applies to your family, Fontes Law Group is here to help. Call our Santa Ana office at 714-571-0738 to schedule your free initial consultation.

Helpful Resources

FAQs About Family-Based Green Cards