Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
Under federal law, U.S. citizens and lawful permanent residents can sponsor certain family members for a green card by filing Form I-130, the Petition for Alien Relative. That petition is really about one thing: proving a qualifying family relationship exists. After that, how fast the relative can actually get a green card depends heavily on which category they fall into and whether a visa is available.
The sponsoring relative — the petitioner — files Form I-130 with USCIS to establish the relationship (for example, marriage or parent-child). Approval of the I-130 doesn't grant a green card by itself; it's the first step that puts the relative in line for one.
Spouses, unmarried children under 21, and parents of adult U.S. citizens are 'immediate relatives.' There's no annual cap on these green cards, so once the relationship is approved there's generally no waiting list for a visa to become available.
Other relatives — like siblings of U.S. citizens, married children, and certain relatives of green card holders — fall into family-preference categories with a limited number of visas each year. That means waiting lists, which can run for years depending on the category and country.
To show the relative won't depend on public benefits, the sponsor typically files an Affidavit of Support (Form I-864), promising to financially support them and meeting an income threshold. It's a real, enforceable financial commitment, not a formality.
Say a U.S. citizen wants to bring over both a spouse and a brother. The spouse is an immediate relative and can usually move forward as soon as the paperwork clears; the brother sits in a preference category that may wait many years for a visa number.
More on this topic: the Immigration hub
NotALawyer.com provides general legal information, not legal advice.