Keith Mack
Sponsoring family members for a Green Card is a common way to help loved ones immigrate to the United States. Both U.S. citizens and lawful permanent residents can bring their close relatives to the U.S. through the family-based immigration process. The process for your relative to immigrate to the U.S. requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps. The process is different depending on whether your family member is already in the U.S. or abroad.
| Characteristics | Values |
|---|---|
| Sponsoring family members for a Green Card | One of the most common ways to help loved ones immigrate to the United States |
| Who can be a sponsor? | U.S. citizens or lawful permanent residents |
| Who can be sponsored? | Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents |
| Sponsoring other family members | Lawful Permanent Residents can sponsor their spouse, minor children, and unmarried adult sons and daughters |
| Required documentation | Proof of status as a permanent resident, evidence of the qualifying relationship (e.g., birth certificate, marriage certificate), proof of any legal name change |
| Visa type | Family-based immigrant visas, including F1, F2A, and others |
| Visa availability | Unlimited for immediate relatives of U.S. citizens; limited for other categories, resulting in backlogs and long wait times |
| Financial requirements | Sponsors must prove they can support their relative at 125% above the poverty line by filling out an Affidavit of Support |
| Military families | Special conditions may apply for family members of U.S. military personnel |
| Forms to fill | Form I-130 (Petition for Alien Relative), Form I-485 (Application to Register Permanent Residence or Adjust Status) |
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What You'll Learn
Sponsoring a spouse
If you are a U.S. citizen, you can sponsor your spouse for a visa or Green Card by submitting a visa petition (Form I-130) to the U.S. Citizenship and Immigration Services (USCIS). This form serves as a Petition for Alien Relative and requires documentation such as divorce decrees, death certificates, passport-style photos, and evidence of any legal name changes. It is important to note that the visa petition does not grant any benefits other than creating a place in line for visa processing.
If your spouse is already in the United States legally, they may apply to adjust their status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. On the other hand, if your spouse is outside the United States, your petition will be sent to the National Visa Center (NVC), which will forward it to the appropriate U.S. consulate when a visa becomes available. Your spouse will then be notified about the next steps in the process.
It is important to note that your spouse must meet the requirements for "admissibility" to qualify for a visa or Green Card. This includes not having a criminal record, not having a communicable disease, and not being likely to need government financial assistance. Additionally, you must be able to provide documentation proving your relationship and demonstrate that you can support your spouse at 125% above the poverty line by filling out an Affidavit of Support.
If you have been married for less than two years when your spouse is granted permanent resident status, their status will be conditional. To remove these conditions, you must apply together using Form I-751, Petition to Remove the Conditions of Residence, within 90 days before the expiration date on the conditional resident card.
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Sponsoring unmarried adult children
As a lawful permanent resident of the United States (a Green Card holder), you can sponsor certain family members to immigrate to the country and become permanent residents themselves. This includes your spouse, minor children, and unmarried adult children.
To sponsor an unmarried adult child, you must first apply for a family-based immigrant visa on their behalf. There are two categories of family-based immigrant visas: those for close relatives of US citizens, and those for other relatives of US citizens. The second category includes unmarried adult children of lawful permanent residents, who can apply for an F1 visa.
To begin the process of sponsoring your unmarried adult child, you need to file Form I-130, Petition for Alien Relative. This form is used to demonstrate your qualifying relationship with your child. You will need to provide evidence of your permanent resident status, as well as proof of your relationship with your child, such as a birth certificate. If your name or your child's name has changed, you must also submit proof of the legal name change.
It is important to note that the Form I-130 petition does not grant any benefits by itself. Instead, it secures a place in line for visa processing. Once the petition is approved, your child will need to wait for a visa number to become available. If your child is already in the United States, they may apply to adjust their status to become a permanent resident after a visa number is available by filing Form I-485. If your child is outside the United States, your approved petition will be sent to the National Visa Center (NVC), which will forward it to the appropriate US consulate when a visa becomes available.
Additionally, as a sponsor, you must be able to prove that you can financially support your child at 125% above the poverty line by filling out an Affidavit of Support.
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Sponsoring married adult children
Eligibility:
To be eligible to sponsor a married adult child, you must be a lawful permanent resident (LPR) or a Green Card holder. Sponsoring a family member means petitioning for them to become a permanent resident in the United States.
Visa Requirements:
To initiate the process, you must first apply for a family-based immigrant visa on behalf of your married adult child. There are two categories of family-based immigrant visas:
- Immediate Relative Visas: These visas are for close relatives of U.S. citizens, including spouses, unmarried children under 21, and parents. An unlimited number of visas are available in this category.
- Family Preference Visas: These visas are for more distant relatives of U.S. citizens and some specified relationships with an LPR. This category includes the F2B visa, which is relevant for unmarried adult children of LPRs (your married adult child would fall under this category). The number of visas in this category is limited, and there may be a waiting period.
Documentation:
To sponsor your married adult child, you will need to provide the following documentation:
- Proof of your status as an LPR or Green Card holder.
- Evidence of your relationship with your married adult child (birth certificates, adoption records, etc.).
- Proof of any legal name changes for you or your child.
- Completion of Form I-130, Petition for Alien Relative. This form is used to demonstrate the qualifying relationship between you and your child.
- Submission of Form I-824, Application for Action on an Approved Application or Petition, if your child falls under the "following-to-join" category. This applies if your child did not obtain permanent residence at the same time as you and the relationship existed when you became a permanent resident.
- Proof that you can financially support your relative at 125% above the poverty line, typically by filling out an Affidavit of Support.
Processing:
Once you have submitted all the required documentation, the processing times may vary. If your family member is already in the United States, they may apply to adjust their status to become a permanent resident using Form I-485. If your family member is outside the United States, your petition will be forwarded to the National Visa Center (NVC), which will assist with visa application and interview preparation at a U.S. embassy or consulate.
It is important to note that there may be specific requirements or exceptions, and each case is unique. For the most accurate and up-to-date information, it is recommended to refer to the U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice from an immigration lawyer.
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Sponsoring parents
If you are a lawful permanent resident of the United States, you may be able to sponsor a family member for a Permanent Resident Card, commonly known as a Green Card. To do this, you must first apply for a family-based immigrant visa for the person you are sponsoring. There are two categories of this type of visa: visas for close relatives of U.S. citizens, and visas for other relatives of U.S. citizens.
An unlimited number of visas are available for the first category, which includes spouses, unmarried children under 21, and parents of U.S. citizens. The second category includes F1 visas for unmarried children 21 years of age or older, and F2A visas for spouses and unmarried children under 21 of lawful permanent residents.
To sponsor your parents as a lawful permanent resident, you must be a U.S. citizen and at least 21 years old. Lawful permanent residents may not petition to bring parents to live permanently in the United States. If your parents are already in the United States and have applied for permanent resident status by filing Form I-485, they can apply for employment and travel authorization while their case is pending. They should use Form I-765 for employment authorization and Form I-131 for travel authorization.
The process for sponsoring a relative to immigrate to the U.S. requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps. The process is different depending on whether your family member is already in the U.S. or abroad. If your family member is in the U.S., they may apply to adjust their status to become a permanent resident after a visa number becomes available using Form I-485. If your family member is outside the U.S., your petition will be sent to the National Visa Center (NVC), which will forward it to the appropriate U.S. consulate when a visa becomes available. Your relative will then be notified about how to proceed with consular processing.
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Sponsoring siblings
If you are a lawful permanent resident in the US (a Green Card holder), you may petition for certain family members to immigrate to the United States as permanent residents. However, permanent residents may not petition to bring siblings to live permanently in the United States. Only US citizens can sponsor their siblings and they must be at least 21 years old.
To start the immigration sponsorship process, the US citizen petitioner (the sponsor) must file a petition on USCIS Form I-130, Petition for Alien Relative, along with a fee payment, proof of US citizenship, and proof that the two of you are siblings. The last requirement involves making copies of both your birth certificate and that of your sibling, showing at least one parent in common. If either you or your sibling has made a name change, you will also need a document that proves it, such as a marriage certificate. If the document isn't in English, you should also provide a complete translation (and the same goes for any other non-English documents).
The process for your relative to immigrate to the US requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps. The process is different depending on whether your family member is already in the US or abroad. If your family member is in the US, they may apply to adjust their status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. If your relative is outside the US, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate US consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as Consular Processing.
Your sibling will likely do "consular processing" by communicating with, and attending a visa interview at, a US consulate in their home country. If all goes well, your sibling and their family will be issued immigrant visas to the United States. Upon entering the US, they will become permanent residents and receive their actual green cards a few weeks later.
You must be able to provide documentation proving the relationship and must prove that you can support your relative at 125% above the poverty line. There are a limited number of family-based immigrant visas available each year. Because of these limits, backlogs develop in the various categories of visas, and it can take many years to bring a relative to the US.
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Frequently asked questions
Yes, lawful permanent residents can sponsor their spouse for a Green Card. To do so, the permanent resident must file a Form I-130, Petition for Alien Relative, and provide proof of their status and relationship.
Yes, but only if the child is unmarried and under the age of 21. Lawful permanent residents can also sponsor their adult unmarried sons and daughters.
The first step is to submit Form I-130, Petition for Alien Relative. This form is used to demonstrate a qualifying relationship between the sponsor and the family member.
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