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Writer's pictureKevin J. Esteves Muñiz
Jan 29, 20232 min read

Who qualifies to be petitioned for a Green Card by a Citizen?

An United States Citizen (USC) has the privilege of petitioning for certain family member to obtain Legal Permanent Resident status (commonly known as a green card). These family members are classified as immediate relatives and include:

  1. Spouses: An USC can petition for a green card for their spouse. This includes same-sex spouses as long as the marriage is legally recognized in the jurisdiction where it was performed.

  2. Unmarried children under the age of 21: USCs can petition for a green card for their unmarried children under the age of 21.

  3. Parents: An USC who is at least 21 years old can petition for a green card for their parents.

  4. Widows/widowers: A widow or widower of an USC can petition for a green card if the marriage was entered into prior to the death of the USC spouse.

In addition to immediate relatives, an USC can also petition for certain family members under the family preference category. These include:

  1. Unmarried children over the age of 21: An USC can petition for a green card for their unmarried children over the age of 21.

  2. Married children: An USC can petition for a green card for their married children.

  3. Siblings: An USC can petition for a green card for their siblings.

However, it is important to note that there are limits on the number of visas available for each family preference category, and the wait times for a green card can be several years.

Furthermore, an USC can't petition for a green card for grandparents, aunts, uncles, cousins, or in-laws.


In addition to the categories above, USCs can also petition for a fiancé(e) visa (K-1) for their foreign national fiancé(e) if they plan to get married within 90 days of the fiancé(e) entering the United States.


It's important to consult with an immigration attorney to determine the best option for you and your family, as the immigration process can be complex and subject to change.


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