How U.S. Citizens and Green Card Holders Can Sponsor Family Members for Immigration
One of the most important aspects of U.S. immigration law is the ability for U.S. citizens and lawful permanent residents (green card holders) to sponsor their family members to immigrate to the United States. This family-based immigration process helps reunite families and allows eligible relatives to obtain permanent residency or visas to live and work in the U.S.
What Is Form I-130, Petition for Alien Relative?
The sponsorship process begins with filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between the U.S. petitioner and the foreign relative seeking to immigrate.
Filing an I-130 petition is the first critical step to begin the family sponsorship process. USCIS reviews the petition to verify the legitimacy of the family relationship and ensure eligibility.
Who Can Be Sponsored?
The categories of relatives who can be sponsored depend on whether the petitioner is a U.S. citizen or a lawful permanent resident.
Eligible Family Members for U.S. Citizens
- Spouses: A U.S. citizen can petition for their husband or wife.
- Children: Unmarried children under 21 years old are considered “immediate relatives” and can be sponsored.
- Parents: U.S. citizens aged 21 or older can sponsor their parents.
- Siblings: U.S. citizens aged 21 or older may petition for their brothers and sisters.
Eligible Family Members for Green Card Holders
- Spouses: Lawful permanent residents can petition for their spouses.
- Children: They can petition for their unmarried children, but the age and marital status may affect the category.
Note that parents and siblings cannot be sponsored by green card holders; only U.S. citizens can petition for those relatives.
Immediate Relatives vs. Preference Categories
Family-sponsored immigrants fall into two main groups:
- Immediate Relatives: Includes spouses, unmarried children under 21, and parents of U.S. citizens. Immediate relatives do not have to wait for visa numbers; their petitions are processed more quickly.
- Family Preference Categories: This group includes siblings and adult children of U.S. citizens, as well as spouses and unmarried children of green card holders. These categories have annual visa limits, so petitioners often face waiting periods before a visa number becomes available.
What Happens After I-130 Approval?
Once USCIS approves the I-130 petition, the sponsored family member must wait for a visa number to become available unless they are an immediate relative.
Two Ways to Obtain Permanent Residency
- Adjustment of Status (AOS): If the relative is already in the U.S. legally, they may apply to adjust their status to permanent resident without leaving the country.
- Consular Processing: If the relative lives outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country to obtain an immigrant visa.
Tips for a Successful Petition
- Provide clear evidence of the family relationship, such as marriage certificates or birth certificates.
- Complete all forms accurately and completely.
- Keep track of all correspondence with USCIS.
- Consult with an immigration attorney for complex cases or if you face delays.
Family sponsorship is a powerful tool for uniting loved ones in the United States. Understanding the petition process, eligibility, and the steps involved can help you navigate the system more smoothly and achieve your immigration goals.