U.S. immigration law creates opportunities for certain family members of U.S. citizens and lawful permanent residence to obtain a visa to come to the United States and become permanent residents themselves.

Immediate relatives of U.S. citizens do not need to wait for a visa to become available, and can immigrate as soon as the petition is granted. Similarly, U.S. citizens can petition for a non-immigrant visa for a foreign spouse or fiancé to come to the United States in order to finish the process of becoming a permanent resident in the United States.

For those foreign-born relatives who are not immediate relatives of U.S. citizens, the U.S. citizen or lawful permanent relative must file a visa petition on behalf of the relative. Once the visa petition is granted, the foreign-born relative must wait under the preference system until a visa becomes available before being able to immigrate to the United States.

U.S. law limits the number of visas that are available on an annual basis to foreign-born relatives of U.S. citizens and permanent residents. The visas are divided into categories, based on the relationship to the petitioner, and by country of origin. The result is that some people may be required to wait for years before a visa becomes available, even after the petition has been approved.

Filing a visa petition on behalf of a foreign-born relatives involves more than simply filling out paperwork. The petitioner must also present copies of documents proving their own citizenship or immigration status, and their relationship to the beneficiary of the petition. The beneficiary should also be prepared to attend an interview before the visa is granted.

Finally, the U.S. citizen or lawful permanent resident must be prepared to sponsor the intending immigrant. That is, the petitioner must be willing to provide financial support to the foreign-born relative once they have come to the United States by signing an affidavit of support.