Cecily Zamora
If you are a US citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card, or a green card. However, there are limits on who you can sponsor. For instance, US citizens and permanent residents cannot directly sponsor their parents-in-law, and green card holders cannot sponsor married children. To be able to sponsor a family member, you must first apply for a family-based immigrant visa. There are two categories of this type of visa: one for close relatives of US citizens, such as spouses, unmarried children under 21, or parents; and one for other relatives of a US citizen, such as eligible children or siblings.
| Characteristics | Values |
|---|---|
| Who can sponsor a green card? | A U.S. citizen or a permanent resident (green card holder) |
| Who can be sponsored? | Immediate relatives, including spouses, unmarried children under 21, or parents |
| Who cannot be sponsored? | Grandparents, cousins, aunts, uncles, parents-in-law, and other extended family members |
| What is the process for sponsoring a family member? | File a Form I-130, along with copies of documents proving the family relationship, such as a birth or marriage certificate, and proof of U.S. petitioner's status as a citizen or lawful permanent resident |
| Are there any financial requirements for the sponsor? | Yes, the sponsor must prove they have the financial capacity to support the family member(s) without relying on means-based public assistance |
| Are there any age requirements for the sponsor? | Yes, the sponsor must be 21 years of age or older to sponsor a parent |
| Can a green card holder sponsor a married child? | No, only U.S. citizens can petition for a married child |
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What You'll Learn
Sponsoring a son-in-law is different from sponsoring a child
Sponsoring a son-in-law for a green card is different from sponsoring a child in several ways. Here are some key differences to note:
- Relationship Status: Sponsoring a son-in-law requires that the sponsor is the parent of a U.S. citizen who is married. On the other hand, sponsoring a child does not depend on the child's marital status but rather on their age and relationship to the sponsor.
- Age: The age of the son-in-law is not a determining factor in sponsorship, whereas, for a child, their age plays a crucial role. An "unmarried child" under 21 years of age falls under a different category than an unmarried adult child (over 21) with regards to sponsorship.
- Category: Son-in-law sponsorships fall under the category of "immediate relatives" of a U.S. citizen, which includes spouses, unmarried children under 21, and parents (if the U.S. citizen is over 21). Child sponsorships can fall under different categories depending on the child's age and marital status, such as F1, F2B, or F3.
- Documentation: Sponsoring a son-in-law requires proof of the relationship, such as a marriage certificate. Sponsoring a child may also require similar documentation, but there may be additional requirements, such as birth certificates and proof of the child's unmarried status.
- Income Requirements: Sponsoring a son-in-law and their spouse (the sponsor's child) will impact the income requirements for the sponsor. The more family members sponsored, the higher the required income. Sponsoring a child as a part of a larger family will increase the financial burden on the sponsor.
- Process Complexity: Sponsoring a son-in-law may be a more straightforward process than sponsoring a child, especially if the child is living in a different country. The process can be complex and often requires professional legal assistance.
It is important to note that the specific requirements and processes for sponsoring a son-in-law or a child for a green card can vary and may depend on various factors, including the sponsor's and applicants' ages, marital status, and current immigration status. Seeking guidance from an experienced immigration attorney is always recommended.
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A son-in-law is considered a married child
To sponsor a married child for a Green Card, you must first apply for a family-based immigrant visa. There are two categories of this type of visa: visas for close relatives of U.S. citizens, such as spouses, unmarried children under 21, or parents; and visas for other relatives of a U.S. citizen, such as eligible children or siblings.
If you are sponsoring a foreign-born spouse, you would need to show an income of $24,650. If you are sponsoring a spouse and five stepchildren, the required income amount would be $56,775. U.S. petitioners must also prove they have the financial capacity to support their family members so that they do not become a "public charge," or reliant on means-based public assistance.
The process of sponsoring a married child involves filing an immigrant visa petition and waiting for its approval before a visa number becomes available, which can take several years. Once someone has a Green Card, they can sponsor other people, but this is a long, multi-step procedure.
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Only US citizens can petition for a married child
If you are a US citizen, you can petition to bring certain close family members to the United States. However, there are limits on who you can sponsor. You can only bring in those family members who are classified as "immediate relatives." Immediate relatives include:
- The spouse of a US citizen
- The unmarried child under 21 years of age of a US citizen
- The parent of a US citizen (if the US citizen is 21 years of age or older)
If you are petitioning for a married child, they are considered a "son" or "daughter," which is a person who is married or is 21 years of age or older. To sponsor a married child, you must be a US citizen who is 21 years of age or older. You will need to file a Form I-130, Petition for Alien Relative, and provide copies of documents proving the family relationship, such as a birth or marriage certificate, and proof of your status as a citizen.
It's important to note that there is a limit of 23,400 visas granted in this category each year, so there is typically a substantial waiting list. The exact waiting time varies, but it can be around 9-10 years after first filing the initial petition to receive a visa.
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The son-in-law must be a foreign-born child
In the United States, a son-in-law can sponsor a green card for his foreign-born child. However, it is important to note that the eligibility and process vary depending on the age and marital status of the child.
If the child is under 21 years old and unmarried, they are considered a "child" for immigration purposes and fall under the F2A category. The process for sponsoring an unmarried child under 21 involves filing Form I-130, Petition for Alien Relative, along with documents proving the family relationship, such as birth or marriage certificates. The income requirement for sponsoring a foreign-born spouse and five stepchildren in 2023 and early 2024 was $56,775. The F2A category typically has shorter wait times, usually around 2 to 3 years, but this can change depending on visa availability.
On the other hand, if the child is over 21 years old and unmarried, they are considered an "adult son or daughter" and fall under the F2B category. Green card holders cannot petition for married children; only U.S. citizens can do so. Sponsoring an unmarried adult son or daughter involves a similar process to that of an unmarried child under 21, but the waiting times are longer and can take several years.
It is important to note that if the child gets married while under F2A or F2B, their petition is automatically canceled, as green card holders cannot petition for married children. Additionally, the child's legal status in the U.S. may impact their ability to adjust their status and could result in complications such as re-entry bans.
To navigate the complexities of U.S. immigration law, it is recommended to consult an experienced immigration attorney.
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The sponsor must prove their citizenship
To sponsor a son-in-law for a green card, you must be a US citizen or a permanent resident (green card holder). As a sponsor, you must also prove your citizenship and that you are the biological parent, adoptive parent, or step-parent of your son-in-law. This means that your son-in-law must be either your minor child (an unmarried person under 21 years of age) or your adult child (a person who is married or is 21 years of age or older).
To prove your citizenship, you will need to provide evidence of your citizenship status, such as a birth certificate or passport. You will also need to provide evidence of your relationship to your son-in-law, such as their birth certificate. These documents will be submitted along with the Form I-130, which starts the US immigration process for your family member.
It is important to note that there are financial requirements for sponsors. You must prove that you have the financial capacity to support your son-in-law at a level that will prevent them from relying on means-based public assistance, or becoming a "public charge". The minimum income requirement depends on the number of family members you are sponsoring and the size of your household. For example, in 2023 and early 2024, a US citizen with no existing dependents who was sponsoring a foreign-born spouse would need to show an income of $24,650. However, if that citizen were also sponsoring five stepchildren in the same year, the required income would increase to $56,775.
As a sponsor, you will also need to sign an Affidavit of Support (Form I-864), agreeing to use your financial resources to support your son-in-law until they become a US citizen or are credited with 40 quarters of work. This is a legally enforceable contract, and your responsibility as a sponsor usually lasts until your son-in-law becomes a US citizen or permanently leaves the United States.
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Frequently asked questions
Yes, a son-in-law can sponsor a green card for his parents-in-law if he is a U.S. citizen and at least 21 years old.
The son-in-law must submit Form I-130, Petition for Alien Relative, to the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between the sponsor and their parents-in-law. Other documents that may be required include a certificate of naturalization, birth certificate, marriage license, adoption papers, and/or a divorce decree.
The son-in-law must demonstrate the ability to support his parents-in-law financially by submitting Form I-864, Affidavit of Support. The minimum income requirements vary depending on the size of the family unit and the poverty line guidelines.
Yes, but he will need a co-sponsor for financial support. Alternatively, he can provide evidence of assets that, when combined with his total household income, fulfill the income eligibility requirement.
