The immigration system in the U.S. is notoriously complicated. There is a lot of misinformation about the immigration process and how people can become U.S. citizens.
There are four primary avenues for lawful entry into the United States: family-based immigration, employment-based immigration, refugees & asylum seekers, and the diversity visa program. In this post, we'll explain the basics of family-based immigration in the U.S.
The information provided below is a summarized version of the American Immigration Council’s fact sheet titled: “How the United States Immigration System Works.” Originally published: June 24, 2024
This information has been reviewed by an immigration attorney and is for educational purposes only. Please consult a licensed immigration attorney for legal advice.
Family-Based Immigration: An Overview
The U.S. Government has several channels for foreign nationals to obtain lawful status in the United States, but most are lengthy. The family-based immigration system allows U.S. citizens and LPRs to enable certain family members to gain LPR status. U.S. citizens and LPRs can petition for an immediate family member already in the U.S.
Immediate & Non-Immediate Relatives
Immediate Relatives in Immigration Law are defined as:
- Spouses of U.S. Citizens
- Unmarried Minor Children of U.S. Citizen Parents
- Must be under 21 years old. During this process, the child can often age out, meaning it can take longer because they are treated as an adult.
- Parents of U.S. Citizen Children
- Petitioner must be at least 21 years old to petition for a parent. There’s a chance they may not qualify for this process if they don’t have a spouse or parent that is a U.S. Citizen or Lawful Permanent Resident.
Non-Immediate Relatives
Non-Immediate Relatives in Immigration Law are defined as:
- Adult children (married or unmarried) of U.S. citizens
- Brothers and sisters of U.S. citizens
- Petitioner must be at least 21 to petition for a sibling
- Spouses and unmarried children of Lawful Permanent Residents
- A limited number of visas are available every year for non-immediate family members. While immediate family members can start the process right away, non-immediate family members must wait for a visa to become available after filing the family petition.
Processing Timeline for Family Petitions
Processing timeline for Immediate Relatives:
- Average of 6-8 years (or 1-2 years if no waiver is needed)
Processing timeline for Non-Immediate Relatives:
(Note: This timeline is specific to immigrants from Mexico)
Adult children
- 21 years for unmarried children
- 25 years for married children plus 6-8 years
Brothers & Sisters
- 24 years plus 6-8 years
Spouses & Unmarried Children
- 4 years plus 6-8 years
Learn more below about other immigration pathways in the United States.
