What are the requirements for sponsoring a family member for a green card?
Understanding the Requirements for Sponsoring a Family Member for a Green Card
Bringing a family member to the United States through the green card process involves meeting specific requirements set by U.S. immigration law. Whether you are a U.S. citizen or a lawful permanent resident, sponsoring a family member for a green card requires careful navigation of these requirements. Below, I will elaborate on the key criteria and steps involved in sponsoring a family member for permanent residency in the United States.
ELIGIBILITY
Relationship Eligibility: To sponsor a family member for a green card, you must have a qualifying relationship with the individual. U.S. citizens can sponsor their spouses, parents, children (both minor and adult), and siblings. This process is also called “petitioning.” Lawful permanent residents can sponsor their spouses and unmarried children (minor and adult).
Financial Eligibility: As a sponsor, you must demonstrate the ability to financially support the family member you are sponsoring. This entails meeting certain income thresholds to ensure that the sponsored individual will not become a public charge. If your income does not meet the requirements, you may need to find a joint sponsor who is willing to provide additional financial support.
STEPS
Form I-130 Petition: The sponsorship process typically begins with the filing of Form I-130, Petition for Alien Relative. This form establishes the relationship between the sponsor and the intending immigrant and must be submitted to U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation. Depending on the family member you would like to sponsor, and the supporting evidence you are able to provide, the exact documents you will need will vary.
Priority Date: Once USCIS approves the Form I-130 petition, the sponsored family member's priority date is established. The priority date determines when they can proceed with the next steps in the green card application process, particularly if they are subject to numerical visa limitations.
Visa Availability: The availability of immigrant visas depends on the sponsored family member's relationship to the sponsor and their home country. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, are not subject to numerical limits (called “caps”) and can proceed with their green card applications as soon as the Form I-130 petition is approved. Other family-based preference categories may face waiting periods based on visa availability and their priority dates.
The First Preference category (F-1) is for unmarried adult children of U.S. citizens, and USCIS allots 23,400 visas annually for this category.
The Second Preference category is divided into two parts:
The first (F-2A) is for the spouses and minor children of legal permanent residents of the United States. USCIS allots 87,900 of these visas annually.
The second (F-2B) is for the unmarried adult children of legal permanent residents. USCIS allots 26,300 visas of this type annually.
The Third Preference category (F-3) is for married adult children of U.S. citizens. 23,400 visas are allotted annually to this category.
The Fourth Preference (F-4) is for brothers and sisters of U.S., citizens over 21, as well as the sibling’s family. This category is allotted 65,000 visas annually.
Generally, the higher the preference category, the longer you may need to wait, with F-4 preference categories waiting the longest to proceed with their application.
Adjustment of Status or Consular Processing: Depending on whether the sponsored family member is already present in the United States or residing abroad, they may apply for a green card through either adjustment of status or consular processing. Adjustment of status is available to individuals who are physically present in the United States and meet certain eligibility criteria. Consular processing involves applying for an immigrant visa at a U.S. consulate or embassy abroad and subsequently entering the United States as a lawful permanent resident.
Affidavit of Support: One of the key documents in the sponsorship process is the Affidavit of Support (Form I-864). By signing this document, you agree to financially support the sponsored family member and ensure they have access to certain federal means-tested public benefits. The Affidavit of Support is legally binding and remains in effect until the sponsored individual becomes a U.S. citizen, has earned 40 quarters of work credit, ceases to be a lawful permanent resident and departs the United States permanently, or dies.
Sponsoring a family member for a green card is a complex process that requires careful attention to detail and adherence to immigration laws and regulations. By understanding the requirements and procedures involved, you can get through the sponsorship process more effectively and reunite with your loved ones in the United States. If you have questions about sponsoring a family member for a green card or need assistance with the immigration process, the Law Office of Henry Cabot is here to help. Contact me today to discuss your immigration goals and explore your options for bringing your family members to the United States.