Gavin Howe
A US citizen can sponsor certain family members to receive a Green Card (permanent residence), or a nonimmigrant visa for a fiancé(e). To petition for a family member to receive a Green Card, the US citizen must first file Form I-130, Petition for Alien Relative. This form establishes the family relationship between the US citizen and their relative. If the relative is already in the US, they may apply to adjust their status to become a Green Card holder after a visa number becomes available using Form I-485. If the relative is outside the US, they will need to learn the steps for Consular Processing.
Characteristics and Values Table
| Characteristics | Values |
|---|---|
| Sponsoring a relative for permanent residence | Requires applying for a family-based immigrant visa |
| Categories of family-based immigrant visas | Immediate Relative, Family Preference |
| Immediate Relative visa criteria | Close family relationship with a U.S. citizen (spouse, child, parent) |
| Family Preference visa criteria | More distant family relationships with a U.S. citizen or specified relationships with a Lawful Permanent Resident (LPR) |
| Sponsoring spouse for immigrant visa | Requires completing Form I-130, Petition for Alien Relative |
| Sponsoring fiancé(e) for non-immigrant visa | Requires Form I-129F, Petition for Alien Fiancé(e) |
| Sponsoring parents for immigrant visa | Parents can work upon arrival and do not need employment authorization; they receive a passport stamp |
| Sponsoring relatives already in the U.S. | Adjustment of Status (Form I-485) |
| Sponsoring relatives outside the U.S. | Consular Processing |
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What You'll Learn
Sponsoring a relative for a visitor visa vs. sponsoring for permanent residence
Sponsoring a relative for a visitor visa and sponsoring them for permanent residence are two different processes with distinct requirements and benefits. Here is a detailed comparison between the two:
Sponsoring a Relative for a Visitor Visa:
Sponsoring a relative for a visitor visa allows them to visit the USA temporarily. The sponsor must be a US citizen or lawful permanent resident (green card holder) and must establish a familial relationship with the sponsored individual. The eligible family members can include spouses, unmarried children under 21, or parents, as defined by the Immediate Relative Category. Other relatives like siblings or married children may also be eligible under the Family Preference Category. The sponsor must meet specific eligibility criteria, including income and a clean criminal record. The sponsored relative will need to apply for a visa, and the availability of visas in the Family Preference Category may be limited, resulting in longer wait times.
Sponsoring a Relative for Permanent Residence:
Sponsoring a relative for permanent residence, on the other hand, allows them to live in the USA indefinitely. The sponsor must be a US citizen or lawful permanent resident and must also establish a familial relationship with the sponsored individual. The process for sponsoring a relative for permanent residence typically starts with applying for a family-based immigrant visa. Similar to the visitor visa process, certain relatives are prioritized under the Immediate Relative Category, while others fall under the Family Preference Category. Sponsoring a relative for permanent residence requires both the sponsor and the sponsored relative to complete necessary steps, which can vary depending on whether the relative is already in the US or abroad. The sponsor's obligations, including financial support, typically end when specific conditions are met, such as the death of either party, the beneficiary becoming a US citizen, their extended employment in the US, or their permanent departure from the country.
Key Differences:
Sponsoring a relative for a visitor visa facilitates temporary visits, while sponsoring for permanent residence allows indefinite stays. Sponsoring for permanent residence also involves more comprehensive processes and requirements, considering factors such as the relative's location and the sponsor's long-term commitments. The visitor visa process, while still requiring sponsorship and eligibility, may be more straightforward for immediate relatives due to the unlimited availability of visas in this category.
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The process for relatives inside vs. outside the US
The process for a relative to visit the US involves different procedures depending on whether they are already in the US or are outside the country.
If your relative is already in the US, they will need to apply for an Adjustment of Status. This means they will need to file Form I-485 to adjust their status to permanent resident status. They can also apply for employment and travel authorization by using Form I-765 and Form I-131, respectively.
If your relative is outside the US, they will need to go through Consular Processing. This involves submitting Form I-130 or Form I-129F to demonstrate a qualifying relationship. Once this is approved, the petition will be sent to the National Visa Center (NVC), which will forward the petition to the appropriate US consulate when a visa becomes available. The relative will then be notified about the next steps. The time they will have to wait for an immigrant visa number depends on their family member's preference category.
In addition to the above processes, there are some other key points to note:
- Visa Waiver Program: The Visa Waiver Program allows visitors from certain countries to visit the US for up to 90 days without a visa for business or pleasure.
- B-2 Visa: Most relatives will likely be applying for a B-2 visa, which is for visitors seeking to enter the US for tourism or medical treatment. The initial period granted is usually six months, and those who wish to stay longer can apply for an extension. However, one of the most common reasons for B-2 visa denials is a lack of evidence of strong ties to the visitor's home country. Therefore, it is important to provide sufficient evidence of such ties.
- Health Insurance: It is important for visitors to have health insurance that will cover them during their stay in the US, as most local healthcare providers do not accept foreign health insurance plans.
- Visa Interview: Most visa applicants will be required to attend a visa interview with a consular officer, who will determine their eligibility to receive a visitor visa. As part of the application process, ink-free, digital fingerprint scans will be taken, usually during the interview.
- Visa Availability: The availability of visas depends on the family member's preference category. The US Department of State website provides information on visa availability through its Visa Bulletin page.
- Employment Authorization: Relatives who are admitted as immigrants with their immigrant visa do not need to apply for a work permit. They will receive a passport stamp upon arrival in the US, which will allow them to work until they receive their Green Cards.
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What forms need to be filled
To sponsor your parents-in-law for a visitor visa to the USA, you must be a US citizen and at least 21 years old. 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.
If your parents-in-law are outside the US, they will need to learn the steps for Consular Processing. Submitting Form I-130, officially known as a Petition for Alien Relative, is the first step of the immigration visa process. You will also need to submit an affidavit of support, referred to as the I-864 form. This document is required for every family-based green card petition and guarantees financial support for the beneficiary. Some of the required information needed from the sponsor when filing the I-864 includes your most recent tax return and pay stubs.
If your parents-in-law are in the US and have applied to adjust to permanent resident status, they are eligible to apply for employment and travel authorization while their case is pending. Your parents-in-law should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.
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Employment and travel authorization
If you are a US citizen and want to sponsor your parents-in-law for a visitor visa, they may be eligible to apply for a B-1 visitor visa. This visa allows them to work in the United States as personal or domestic employees in limited situations. To be eligible, their employer must be a US citizen with a permanent home in the country or a foreign citizen with a nonimmigrant visa in certain categories.
Now, onto the details of employment and travel authorization:
Employment Authorization
If your parents-in-law are outside the United States, they will generally need to apply for a visa from the US Department of State (DOS) to work in the country. However, citizens of Canada and Bermuda are exceptions to this rule and do not typically require visas for visit, tourism, or temporary business travel. They should, of course, still present themselves to a US Customs and Border Protection (CBP) officer before entering the country.
If your parents-in-law are from a country other than Canada or Bermuda, they will need to follow the standard procedure for obtaining a visa. A prospective employer can file a petition with USCIS on their behalf, allowing them to work temporarily in the United States. This is a common way for nonimmigrants to gain employment authorization.
Alternatively, your parents-in-law can apply for an employment-based immigrant visa if they have the right combination of skills, education, and work experience. There are five employment-based immigrant visa preferences or categories that they can explore.
Travel Authorization
To apply for a visitor visa, your parents-in-law will need to complete the Online Nonimmigrant Visa Application, Form DS-160. They will also need to upload a photo that meets the Photograph Requirements. In most cases, an interview with a consular officer will be required, during which they must establish that they meet the visa requirements.
It's important to note that birth tourism, or travelling for the primary purpose of giving birth in the United States to obtain citizenship for the child, is not allowed on a visitor visa. Additionally, while a letter of invitation or Affidavit of Support is not necessary, it can be presented during the interview, but it will not be a determining factor in the visa decision.
Evidence of employment and family ties can be used to demonstrate the purpose of the trip and the intention to return to their home country. If your parents-in-law cannot cover all the costs of their trip, they can show evidence that another person, such as yourself, will be covering some or all of the expenses. However, they must still qualify based on their ties to their home country rather than assurances from US family or friends.
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Special conditions for family members in the US military
A spouse can sponsor their parents-in-law for a visitor visa to the USA. The process for a relative to immigrate to the US requires the sponsor and the visa applicant to complete several steps. The first step in the immigration visa process is submitting Form I-130, Petition for Alien Relative. This form establishes the family relationship between the sponsor and the relative.
If your family member is outside the US, they will go through consular processing. Their preference category will determine how long they will have to wait for an immigrant visa number. Once a visa is available, they will be notified about how to proceed.
If your family member is in the US military, special conditions may apply. One such condition is the discretionary opportunity called "Parole in Place" (PIP). PIP allows certain family members of US military personnel who came to the US illegally to apply for the chance to remain in the US in one-year increments. Eligible applicants include the spouse, child, or parent of an active-duty member of the US Armed Forces or an individual in the Selected Reserve of the Ready Reserve. A PIP grant may also allow the applicant to apply for permanent residence in the US (a green card) without leaving the country.
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Frequently asked questions
A spouse can sponsor their parents-in-law for a US visitor visa by filing Form I-130, Petition for Alien Relative. This form establishes the relationship between the sponsor and their parents-in-law. It is important to note that the spouse must be a US citizen or a Lawful Permanent Resident (LPR) to be eligible to sponsor their parents-in-law.
To be eligible to sponsor their parents-in-law for a US visitor visa, the spouse must be at least 21 years of age and must be either a US citizen or a Lawful Permanent Resident (LPR). The spouse must also be able to demonstrate a qualifying relationship with their parents-in-law.
The first step in the process is for the spouse to complete and submit Form I-130, Petition for Alien Relative. The spouse must also submit proof of their relationship with their parents-in-law, such as marriage certificates and birth certificates. The parents-in-law must then complete the necessary steps for Consular Processing, which may include an interview and providing additional documentation.
