How to Bring Family Members to the U.S.

Table Of Contents

What Family Relationships Qualify for Sponsorship?

What family relationships qualify for sponsorship? Immediate relatives of a United States citizen qualify for sponsorship. Immediate relatives include a spouse, an unmarried child under 21 years of age, and a parent. A United States citizen must be at least 21 years old to sponsor a parent. There is no limit on the number of immigrant visas issued annually for immediate relatives. The petition for an immediate relative receives priority processing. An immediate relative visa does not have a waiting list.
Certain other family members also qualify for sponsorship under family preference categories. These categories include unmarried sons and daughters of United States citizens who are 21 years of age or older. These categories also include spouses and unmarried sons and daughters of lawful permanent residents. Married sons and daughters of United States citizens also fall into these categories. Brothers and sisters of United States citizens also qualify. Each family preference category has a limited number of visas available each year. These categories often involve waiting periods.

Visa Petition for Family Members

The visa petition process begins with filing Form I-130, Petition for Alien Relative. The United States citizen or lawful permanent resident sponsor files Form I-130 with United States Citizenship and Immigration Services (USCIS). The sponsor must provide evidence of the qualifying family relationship. Evidence includes marriage certificates, birth certificates, and adoption decrees. USCIS reviews the petition. USCIS determines if the family relationship is genuine.
USCIS approves the I-130 petition if the relationship is legitimate. The approved petition then proceeds to the National Visa Centre (NVC). The NVC collects necessary documents and fees. The NVC schedules an interview for the beneficiary at a United States embassy or consulate abroad. If the beneficiary is already in the United States, they may be eligible for adjustment of status. Adjustment of status allows the beneficiary to apply for a green card without leaving the country.

How Does Family Sponsorship for U.S. Immigration Work?

Family sponsorship for U.S. immigration works by allowing certain eligible individuals already present in the United States to apply for lawful permanent resident status. An individual does not return to their home country for visa processing. This process is generally available to immediate relatives of United States citizens. The immediate relative enters the United States lawfully. The immediate relative meets all other eligibility requirements.
A family member files Form I-485. Form I-485 is an Application to Register Permanent Residence or Adjust Status. The family member files Form I-485 with USCIS. Supporting documents include medical examination results. Supporting documents include affidavits of support. Supporting documents include various personal records. USCIS reviews the family member's application. USCIS interviews the family member. USCIS decides on the family member's application after the interview.

Bringing Family Through Consular Processing

The consular processing route is for individuals living outside the United States. This route is also for individuals not eligible for adjustment of status. The approved I-130 petition goes from USCIS to the NVC. The NVC sends instructions to the petitioner and beneficiary. The instructions detail the required documents and fees. The NVC collects all civil documents, such as birth certificates and police records.
The NVC schedules an interview at a United States embassy or consulate in the beneficiary's home country. The beneficiary attends the interview. A consular officer reviews the application and supporting documents. The consular officer asks questions about the family relationship and the beneficiary's background. The consular officer makes a decision on the immigrant visa application. The beneficiary receives an immigrant visa upon approval. The immigrant visa allows the beneficiary to enter the United States as a lawful permanent resident.

How to Bring Family Members to the U.S.: What Are the Financial Sponsorship Requirements?

What are the financial sponsorship requirements? The financial sponsorship requirements make sure the immigrant will not become a public charge in the United States. The sponsor must complete Form I-864, Affidavit of Support. The Affidavit of Support is a legally binding contract. The sponsor promises to support the immigrant.
The sponsor's income must meet at least 125% of the Federal Poverty Guidelines for their household size. This income threshold varies based on the number of people in the sponsor's household. The sponsor provides tax returns and employment verification as proof of income. If the sponsor's income is insufficient, a joint sponsor may be necessary. A joint sponsor is another United States citizen or lawful permanent resident. The joint sponsor also completes Form I-864 and meets the income requirements.

Family Immigration Medical Examination

Medical examination and vaccinations are mandatory components of the immigration process. Every immigrant visa applicant must undergo a medical examination. A panel physician approved by the United States government conducts the medical examination. The panel physician assesses the applicant's general health. The panel physician checks for certain communicable diseases. These diseases include tuberculosis and syphilis.
The medical examination also makes sure the applicant has received necessary vaccinations. Required vaccinations include measles, mumps, rubella, polio, and tetanus. The panel physician provides a sealed envelope containing the medical results. The applicant submits this sealed envelope to the consular officer or USCIS. Failure to complete the medical examination or receive required vaccinations can delay or deny the visa application.

FAQS

What is the difference between an immediate relative and a preference category family member?

An immediate relative is a spouse, unmarried child under 21, or parent of a US citizen. Immediate relatives do not face annual visa limits. A preference category family member includes other relatives like adult children or siblings. Preference category family members face annual visa limits.

How long does the family immigration process typically take?

The family immigration process typically takes between one and several years. Immediate relative petitions generally process faster. Immediate relative processing often concludes within one year. Preference category petitions can take several years. Visa backlogs cause preference category delays. Processing times depend on the specific family immigration category. Processing times also depend on the country of origin.

Can I sponsor my common-law partner for a green card?

You cannot sponsor a common-law partner for a green card. United States immigration law only recognises legal marriages. You must demonstrate a legally valid marriage to sponsor a spouse. Common-law partnerships are not considered legal marriages for immigration purposes.

What happens if my sponsored family member becomes a public charge?

What happens if a sponsored family member becomes a public charge? A sponsored family member becoming a public charge creates sponsor financial responsibility. The sponsor signed an Affidavit of Support. Government agencies seek reimbursement from the sponsor for public benefits received.

Do I need to be employed to sponsor a family member?

You do not need to be employed to sponsor a family member. The sponsor demonstrates sufficient financial resources. The sponsor's income or assets meet the required threshold. A joint sponsor is necessary if the sponsor's resources are insufficient.

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