This document summarizes U.S. family-sponsored immigration categories. It outlines that a petitioner must be a U.S. citizen or permanent resident who is at least 21 years old. U.S. citizens can petition for parents, spouses, children, unmarried sons/daughters, siblings, and fiancés. Permanent residents can petition for spouses, children, and unmarried sons/daughters. The beneficiary must fall under the definition of these family categories, such as being a child under 21 or parent through adoption or marriage. Certain widowed or abused family members can also self-petition to become permanent residents.

1. Family-Sponsored
Immigration Categories
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. The “Petitioner”
Must be either:
A U.S. Citizen (by
Birth, Naturalization, or Derivation);
or
A Permanent Resident (including
Conditional Residents)
Must be at least 21 years old to Petition
for Parents or Siblings

3. U.S. Citizen Petitioner
A U.S. Citizen can Petition for:
Parents
Spouse
Children
Sons & Daughters (Married or
Unmarried)
Brothers and Sisters
Fiance

4. Permanent Resident Petitioner
A Permanent Resident (or Conditional
Resident) can Petition for:
Spouse
Children
Unmarried Sons & Daughters

5. Spouse (Husband or Wife)
Must be a “bona fide” (good faith) marriage
All prior marriages must have been lawfully
terminated
Marriage must be legal in the place where it
was concluded
Must not have been entered into solely to
gain immigration benefits
Same-Sex Marriages not currently recognized

6. “Children”
Under Immigration Law, “Children” are
defined as:
Under 21 years of age
Not Married
Includes Step-Children and Adopted
Children
If over the age of 21, will fall into the
Category of “Sons & Daughters”

7. Step-Children & Adopted
Children
Step-Children can be petitioned for if:
The marriage creating the step relationship
was entered into before the child reached
age 18
Adopted Children can be petitioned for if:
The adoption was completed before the child
reached age 16; or
Before the child reached age 18 if adopted
along with a younger sibling, before the
younger sibling reaches age 16

8. Parents
Can include Step-Parents and Adoptive
Parents IF:
For Step Parents:
The marriage creating the step relationship was
entered into before the child reached age 18
For Adoptive Parents:
The adoption was completed before the child
reached age 16; or
Before the child reached age 18 if adopted along
with a younger sibling, before the younger sibling
reaches age 16

9. Brothers & Sisters
The Petitioner and the “Beneficiary”
must have at least one parent in
common

10. Fiance
A U.S. Citizen can petition for his or her Fiance
if:
Both the Petitioner and his or her Fiance are free
to marry (all prior marriages terminated);
The Petitioner and his or her Fiance have met in
person at least once during the 2-year period
prior to filing the Petition; and
The Petitioner and Fiance intend to conclude a
marriage within 90 days after the Fiance arrives
in the U.S.

11. Beneficiary Must Fall Into One of
the Family Categories
For a U.S. Citizen or Permanent Resident to
petition for a family member, the family
member must fit into one of the Family
Categories.
Example:
USC cannot petition for
grandparents, uncles, aunts, cousins, nieces, or
nephews (unless the family member falls into one
of the Family Categories through a qualifying
adoption)

12. Beneficiary Must Fall Into One of
the Family Categories
Example:
LPR cannot petition for Parents, Married
Sons & Daughters, or Brothers & Sisters
(unless the family member falls into one of
the Family Categories through a qualifying
adoption)

13. Other Family Relationships
Certain Family Members of U.S. Citizens
can “Self-Petition” to become
Permanent Residents:
Widows of U.S. Citizens
Abused Spouses & Children of U.S.
Citizens

14. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com