In public conversations about immigration, the focus is often on employment, extraordinary ability or investment. However, official data points in another direction: the main gateway to permanent residence is still the family.

In recent years, more than half of new lawful permanent residents have been admitted through family ties, and some official reports show that around 64% of Green Cards are granted each year based on direct family relationships or family-preference categories. This means that, legally, the family is not an “alternative path” but the core of the system.

For any person or family planning their future in United States, understanding how family-based petitions work is not just a technical detail: it is a project-of-life decision.

1. What Is a Family-Based Petition in Legal Terms?

A family-based petition is the mechanism through which a U.S. citizen or lawful permanent resident asks the federal government to recognize a valid family relationship with a foreign national, so that this person can become eligible for permanent residence.

In most cases, the process begins with Form I-130, Petition for Alien Relative, filed with USCIS. From a legal standpoint, the I-130 is:

• The first formal step for an eligible relative to immigrate and later apply for permanent residence.

• The instrument that allows the government to confirm that the family relationship exists and is legally valid (for example, marriage, parent–child relationship, sibling relationship).

• The form that establishes the priority date, which will determine that petition’s place in the immigrant visa queue for categories subject to annual caps.

It is important to stress that I-130 approval does not equal approval of permanent residence. The petition is the beginning of a process that may include admissibility review, background checks, document analysis and, in many cases, a consular process abroad or an adjustment of status within United States.

2. Two Main Groups: “Immediate Relatives” and “Family Preference”

Immigration law organizes eligible relatives into two large groups with very different practical consequences.

2.1. Immediate Relatives of U.S. Citizens

This group typically includes, among others:

• Spouses of U.S. citizens.

• Unmarried children under 21 of U.S. citizens.

• Parents of U.S. citizens over 21.

For these categories, there is no annual numerical limit on immigrant visas. In practice, this means that once the petition is approved and all other requirements are met (including admissibility and documentation), the case can move forward toward permanent residence without depending on a global annual cap, although it is still subject to USCIS, National Visa Center (NVC) and consular processing times.

2.2. Family-Sponsored Preference Categories

Family-sponsored preference categories are set out in the law roughly as follows:

• F1: Unmarried sons and daughters (21 or older) of U.S. citizens.

• F2A: Spouses and unmarried children under 21 of lawful permanent residents.

• F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents.

• F3: Married sons and daughters of U.S. citizens.

• F4: Brothers and sisters of U.S. citizens who are at least 21.

Unlike immediate relatives, these categories are subject to:

• A global annual minimum of around 226,000 family-preference visas.

• Specific sub-quotas by category.

• Per-country limits (in general, a single country cannot receive more than a fixed percentage of the total family and employment-based visas issued each year).

This structure creates, in practice, very different waiting lines according to the category and country of origin. For certain combinations (for example, siblings of U.S. citizens in high-demand countries), waiting times can easily exceed 10 or even 15 years.

3. Key Numbers and Waiting Times

Recent statistical reports offer several important insights:

• Every year, around 1.1 to 1.2 million people become lawful permanent residents.

• Of that total, roughly two thirds obtain their Green Card through family reunification (including immediate relatives and family-preference categories).

• A significant share of new lawful permanent residents were already physically present in United States when they adjusted status.

In terms of timeframes:

• For immediate relatives, processing times depend mainly on administrative timelines (USCIS, NVC, consulate), not on a yearly quota.

• For F1, F2A, F2B, F3 and F4, processing times depend on the Visa Bulletin and the accumulated demand in the category and country of origin. In some scenarios, especially in F3 and F4, cases can face effective waiting periods close to or exceeding a decade.

For this reason, the decision to file a petition today has long-term implications and must be aligned with family, educational, professional and financial planning.

4. The Visa Bulletin: the “Thermostat” of the Family System

The Visa Bulletin published by the Department of State is the official document that indicates when a family-preference petition can move into the permanent residence phase.

Each month, the Bulletin publishes two sets of dates by category and country:

• Final Action Dates: after these dates, the government may finalize and issue a Green Card.

• Dates for Filing: these dates allow certain applicants to file for permanent residence earlier, if they meet the conditions USCIS sets for that particular chart.

USCIS, in turn, publishes each month which chart applicants inside United States must use when seeking adjustment of status in family or employment-based preference categories.

In practical terms:

• For immediate relatives, the Visa Bulletin does not control visa availability, since there is no annual numerical limit.

• For preference categories, the Bulletin determines whether the priority date of a specific petition is “current” and, therefore, whether it can move forward. How the Bulletin moves over time defines whether a given case is facing reasonable timeframes or long-term waits.

Understanding the Bulletin is essential to plan moves, studies, family reunification, investment and employment decisions.

5. Risks, Denials and Common Mistakes

Although family-based petitions are the backbone of the system, they are not risk-free. Cases can be delayed or denied when issues such as these arise:

• Insufficient or inconsistent documentation regarding the family relationship (especially in recent marriages, second marriages or complex family histories).

• Inconsistencies between forms, sworn statements, civil records and interview answers.

• Criminal or immigration history not properly analyzed in advance (irregular entries, overstays, prior fraud findings, etc.).

• Inadequate choice of strategy (for example, failing to upgrade a category when the petitioner naturalizes, or not evaluating whether adjustment of status or consular processing is more appropriate).

In addition, many visa applications —including immigrant visas based on family petitions— can receive a temporary refusal under provisions such as section 221(g) of the INA, which implies administrative processing or requests for additional information.

Experience in this field shows that a significant portion of delays and denials are caused by strategy and documentation errors, rather than by the absence of an underlying legal right.

6. Recommended Approach: From Isolated Petition to Family Plan

From a legal and strategic perspective, family-based petitions should be part of a comprehensive immigration plan, not treated as isolated procedures. Some good practices include:

1. Mapping the relevant family tree
   Identifying who can petition today (U.S. citizens and lawful permanent residents), who could do so in the future (for example, after naturalization) and which family members might benefit directly or indirectly.

2. Selecting the right category from the start
   Analyzing, for the specific country of origin, how the Visa Bulletin dates have behaved over time and which category–strategy combination may offer more stable or reasonable timeframes.

3. Analyzing background before filing
   Carefully reviewing criminal, immigration, marital and financial history, as well as potential grounds of inadmissibility or the need for waivers.

4. Building a coherent evidentiary record
   Preparing evidence of the family relationship with a professional approach, ensuring that certificates, records, photos, communication history and other documents tell a consistent and verifiable story.

5. Connecting the family strategy with other goals
   In many cases, a family-based petition is the foundation for later decisions: eligibility for citizenship, “chain” petitions for other relatives, business projects, acquisition of assets or estate planning in United States.

This approach helps shift from a logic of reaction to a logic of planning, where each legal decision is aligned with the family’s long-term project.

7. How Can LOIGICA® Help?

LOIGICA® is a law firm focused on immigration, corporate, commercial and asset-protection law, with a strong emphasis on life and business projects in United States.

In the area of family-based immigration, specialized support may include, among others:

• Initial legal diagnosis of the case, including the most appropriate category and estimated timelines based on the Visa Bulletin.

• Background analysis and early identification of potential inadmissibility risks.

• Structuring and filing of Form I-130 with a coherent evidence strategy.

• Coordination of the subsequent process, whether through adjustment of status inside United States or consular processing in the country of origin.

• Alignment of the family strategy with corporate, wealth or investment decisions when relevant.

The goal is for each family to make informed decisions, based on current rules, real statistics and a long-term vision.

Sources for Further Reading

1. DHS – Yearbook of Immigration Statistics 2023 (Office of Homeland Security Statistics)
   https://ohss.dhs.gov/topics/immigration/yearbook-immigration-statistics/yearbook-2023

2. DHS – “U.S. Lawful Permanent Residents: 2023” (statistical report on lawful permanent residents and categories of admission)
   https://ohss.dhs.gov/sites/default/files/2024-09/2024_0906_plcy_lawful_permanent_residents_fy2023.pdf

3. USAFacts – “How many immigrants get green cards every year?”
   https://usafacts.org/answers/how-many-immigrants-get-green-cards-every-year/country/united-states/

4. Migration Policy Institute – “Frequently Requested Statistics on Immigrants and Immigration in the United States”
   https://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states

5. USCIS – Form I-130, Petition for Alien Relative (official page)
   https://www.uscis.gov/i-130

6. USCIS – Instructions for Form I-130, Petition for Alien Relative (PDF)
   https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

7. Department of State – Visa Bulletin (main portal)
   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

8. Department of State – Sample Visa Bulletin (PDF, December 2025)
   https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_December2025.pdf

9. USCIS – “Visa Availability and Priority Dates”
   https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

10. USCIS – “When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Categories”
    https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-119

11. Department of State – “Immigrant Visa Process: Step 1 – Submit a Petition”
    https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html