Family-based green cards: what are the categories, and who can petition for whom?

Details / How it works

Family-based immigrant visas allow certain relatives of U.S. citizens and lawful permanent residents (LPRs) to obtain a Green Card. The process begins when a U.S. citizen or LPR files Form I-130, Petition for Alien Relative, on behalf of the beneficiary. If the petitioner naturalizes before a decision is made, the visa classification can be updated to an immediate relative category.

Immediate relatives (spouse, unmarried child under 21, and parent of a U.S. citizen) have no annual visa cap and can often file Form I-485 concurrently with the I-130. Other family members fall under numerically limited family preference categories.

Numbers & thresholds

The following table summarizes the family preference categories as defined in USCIS guidance (as of July 2025):

Family‑sponsored preference immigrants are allocated visas under INA 203(a) with an annual cap of 226,000 visas.

Exceptions & edge cases

Immediate relatives are exempt from numerical limits and the labor certification ground of inadmissibility (INA 212(a)(5)). The labor certification requirement does not apply to family preference immigrants either.

Automatic conversion: If a petitioner naturalizes while the I‑130 is pending, the beneficiary’s classification may be converted to an immediate relative category, making a visa immediately available. The petitioner must notify USCIS or the NVC of the naturalization.

Derivative beneficiaries: Spouses and unmarried children under 21 of a principal preference applicant may apply for a Green Card as derivative applicants, provided the relationship existed before the principal’s admission or adjustment of status, and the principal’s petition is ultimately approved.

Family and medical leave: Nothing in the provided context addresses FMLA or H‑1B family-based leave; the context is limited to family-based immigrant visa categories.