US Family Immigration Types
Immediate Relatives of US Citizens
- Spouse of a U.S. citizen;
- Unmarried child under 21 years of age of a U.S. citizen; or
- Parent of a U.S. citizen (U.S. citizen must be 21 years of age or older).
Family Preference Immigration
- Unmarried son or daughter of a U.S. citizen and you are 21 years old or older
- Married son or daughter of a U.S. citizen
- Brother or sister of a U.S. citizen who is at least 21 years old
- Spouse of a lawful permanent resident
- Unmarried child under the age of 21 of a lawful permanent resident
- Unmarried son or daughter of a lawful permanent resident 21 years old or older
Fiancé(e) of a US Citizen or the Fiancé(e)’s child
- K-1 nonimmigrant: Person admitted to the U.S. as a fiancé(e) of a U.S. citizen
- K-2 nonimmigrant: Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen
Family Sponsorship Benefits
There are several benefits to family sponsorship in the United States:
- Family Reunification: Being apart from loved ones is usually very challenging for all members involved. Family sponsorship allows family members who are living abroad to reunite with their loved ones in the United States.
- Immediate Family Members of US Citizens: The number of immigrants in this category is not limited.
- Permanent residence: Once your family member obtains a green card through sponsorship, they can live and work in the United States permanently.
- Employment Authorization: If filing from within the US, your family member may be able to work while awaiting the green card decision.
- Educational opportunities: Sponsored family members may have access to better educational opportunities in the United States and may even benefit from domestic tuition rates.
- Health care: Sponsored family members may have access to better health care in the United States, including preventive care and specialized treatments that may not be available in their home country.
It’s important to note that the benefits will depend on individual circumstances, and not all sponsored family members may experience all of these benefits.
General Requirements for Sponsoring Family to the US
Requirements for the Sponsor ("Petitioner")
To sponsor a family member to the United States, you must meet the following requirements:
- You must be a U.S. citizen or lawful permanent resident (also known as a “green card holder”).
- You must demonstrate that you have sufficient financial resources to support your family member once they arrive in the United States by completing an Affidavit of Support and providing financial documents
- You must be able to provide proof of your relationship to the family member you are sponsoring, such as a marriage certificate or birth certificate.
- You must file an I-130 petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the family member you are sponsoring.
- The family member you are sponsoring must also be eligible to immigrate to the United States . Eligible categories include (a) immediate family members: spouses, children, parents, and (b) other family members, such as siblings or adult children,
- The family member you sponsor must meet all other eligibility requirements for immigration to the United States, including health and admissibility requirements.
Requirements for the Beneficiary
To be eligible to be sponsored as a family member to the United States, the beneficiary (also known as the “applicant”) must meet the following requirements:
- The applicant must be closely related to the sponsor in one of the eligible categories, such as spouses, children, parents, and siblings.
- The applicant must meet all other eligibility requirements for immigration to the United States.
- The applicant must not be inadmissible to the United States based on certain grounds, such as having a criminal record or having violated immigration laws.
- The applicant must be able to demonstrate that they will not become a public charge, or a burden on the U.S. government, once they arrive in the United States.
The requirements for sponsoring family members to the US may vary depending on the case’s specific circumstances, and it’s always a good idea to consult with an immigration attorney or accredited representative for more information.
Application Process
The application process varies depending whether you reside in the United States or Outside of the United States:
- USCIS Adjustment of Status or Filing in the US: You may be able to apply for lawful permanent resident status and obtain a green card without having to return to your home country. You must file Form I-130 and Form I-485 concurrently. In this event, USCIS will require you to provide biometrics at an Application Support Center. You must also attend an interview in person at a USCIS office.
- Consular Processing or Filing Outside the US: In this case, your I-130 immigrant petition must be approved by USCIS before your case can proceed to the National Visa Center (NVC). Once the the petition is transferred to NVC, you will need to complete an online visa application (DS-260), pay applicable fees and submit the required supporting evidence. NVC will then review your case, and if approved, it will transfer to the US Consulate for an Interview. You will be required to complete a medical examination and then attend the interview and present your documents. If your visa is approved, your passport will be stamped with your immigrant visa.
the best application method will depend on your specific circumstances and it’s recommended to consult with an immigration attorney to understand the pros and cons of each type.