Navigating the intricate landscape of U.S. immigration law can be daunting, but family sponsorship allows you whether you’re an American citizen hoping to bring your fiancé or spouse to the States, or a green card holder aiming to sponsor a sibling or adult child to reunite with them. This guide explains the eligibility criteria, and application process, and provides essential information to go through the journey.
Who Can Be Sponsored?
U.S. immigration law allows citizens and LPRs to sponsor specific family members, categorized into different preference groups:
- Family Preference Categories: Includes married children, siblings, and other relatives, which may involve longer waiting times due to annual visa limits.
- Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens have no waiting period for visas.
Sponsoring a Fiancé or Spouse
As a U.S. citizen, if you’re planning to marry a foreign national or are already married, you can sponsor your spouse for a visa or green card. This process is crucial for bringing your loved one to the country.
Financial Responsibilities of the Sponsor
Sponsors must demonstrate financial capability to support their relatives by filing Form I-864, Affidavit of Support. Key points include:
- Income Requirements: The sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size. For example, in 2024, a household of two must show an income of at least $25,5501.
- Joint Sponsors: If the primary sponsor does not meet income requirements, they can enlist a joint sponsor who meets the financial criteria independently
When Can Children Immigrate with Their Parents?
Children can immigrate with their parents under specific conditions, primarily determined by the parent’s immigration status and the children’s age and marital status. Here’s a detailed overview of when and how children can join their parents in the U.S.:
Eligibility Criteria for Children
- Definition of a Child: Under U.S. immigration law, a “child” is defined as an unmarried person under the age of 21. Once a child turns 21, they are considered an adult for immigration purposes and may need to pursue different immigration options.
- Immediate Relatives: If a parent is a U.S. citizen, they can sponsor their unmarried children under 21 for a green card through the IR-2 visa category. This process allows children to apply for permanent residency simultaneously with their parent’s application.
- Permanent Residents: If the parent is a lawful permanent resident (green card holder), they can also petition for their unmarried children, but the children must wait for a visa to become available due to annual caps on green cards for this category.
Immigration Process
- Filing Form I-130: The sponsoring parent must file Form I-130, Petition for Alien Relative, to establish the relationship with the child. If the child is in the U.S., they may also file Form I-485 to adjust their status concurrently if they are eligible.
- Consular Processing: If the child is outside the U.S., once the I-130 petition is approved, it will be sent to the National Visa Center (NVC) for consular processing, where the child will attend an interview at a U.S. embassy or consulate.
- Child Status Protection Act (CSPA): This act helps protect children from aging out of eligibility while their application is pending. If a child turns 21 during the application process, they may still qualify as an immediate relative under certain conditions set by CSPA.
Special Considerations
Follow-to-Join Benefits: Children who did not immigrate at the same time as their parents may be eligible for follow-to-join benefits, allowing them to join their parents without needing a separate petition if certain conditions are met.
Stepchildren and Adopted Children: U.S. citizens can sponsor stepchildren and adopted children under specific conditions, such as having been married to the child’s biological parent for at least two years before applying.
The Child Status Protection Act (CSPA)
It helps protect the immigration status of children who turn 21 while their application is pending. This act ensures that they can still qualify as immediate relatives of U.S. citizens.
Sponsoring Half-Siblings or Step-Siblings
U.S. citizens can sponsor their half-siblings and step-siblings for a green card, but there are specific requirements and processes involved. Here’s a comprehensive overview of how this works:
Sponsoring Half-Siblings
- Eligibility: A U.S. citizen who is at least 21 years old can petition for their half-sibling. Half-siblings are defined as siblings who share one biological parent, either through the mother or father.
- Visa Category: Half-siblings fall under the fourth preference category (F4) for family-based immigration, which includes siblings of U.S. citizens. This category has annual visa caps, leading to potentially long waiting periods.
- Documentation Requirements: To successfully sponsor a half-sibling, the following documentation must be provided:
- Proof of shared parentage, such as birth certificates.
- If applicable, evidence that the common parent was married to both siblings’ other parents and that those marriages ended legally (e.g., divorce decrees).
- If the parents were never married, documentation showing a legitimate relationship or financial support from the common parent before the half-sibling turned 21 may be required.
Sponsoring Step-Siblings
- Eligibility: U.S. citizens can also sponsor step-siblings for a green card, provided that the marriage creating the step-sibling relationship occurred before the U.S. citizen turned 18 years old.
- Documentation Requirements: Similar to half-siblings, sponsors must provide proof of the relationship, which includes:
- Marriage certificates of the parents that created the step-sibling relationship.
- Evidence that supports the legitimacy of the relationship.
Application Process
- Consular Processing or Adjustment of Status: Depending on whether the sibling is in the U.S. or abroad, they may need to go through consular processing or apply for adjustment of status if already in the U.S.
- Filing Form I-130: The process begins by filing Form I-130, Petition for Alien Relative, with USCIS to establish the familial relationship.
- Affidavit of Support: The sponsor must also submit Form I-864, Affidavit of Support, demonstrating their financial ability to support the sibling upon arrival in the U.S.
Defining a Child in Immigration Law
It includes natural-born, adopted, and stepchildren under certain conditions. This broader definition allows for more family members to immigrate.
Sponsoring Your Daughter and Granddaughter
While U.S. citizens can sponsor certain family members, there are limits on sponsoring their descendants. We’ll explain these rules and exceptions.
Family Members Who Cannot Accompany the Main Immigrant
Generally, spouses and children can accompany a family member receiving a green card, but there are exceptions. We’ll clarify who cannot come as derivatives.
Starting the Green Card Application
Starting the green card application process involves several key steps and considerations. Here’s a comprehensive guide to help you navigate through the initial stages of applying for a green card.
Determine Your Eligibility
Before beginning the application, assess your eligibility based on the category under which you are applying. Common categories include:
- Family-Based: Sponsored by a U.S. citizen or lawful permanent resident.
- Employment-Based: Sponsored by a U.S. employer.
- Refugee or Asylee Status: Individuals who have been granted asylum or refugee status.
- Diversity Visa Lottery: For individuals from countries with low immigration rates to the U.S.
Visit the USCIS website to review the specific eligibility requirements for each category 1.
Application Process Overview
The application process generally involves the following steps:
- Filing an Immigrant Petition:
- Most applicants need someone to file an immigrant petition on their behalf, such as Form I-130 (Petition for Alien Relative) for family members or Form I-140 (Immigrant Petition for Alien Worker) for employment-based cases.
- In some instances, individuals may be eligible to file for themselves.
- Application Submission:
- Biometrics Appointment:
- Applicants will be scheduled for a biometrics appointment where fingerprints, photographs, and signatures are collected for background checks.
- Interview Process:
- An interview is typically required, either at a USCIS office if applying in the U.S. or at a consulate if applying from outside.
- Receiving a Decision:
- After the interview, you will receive a decision on your application. If approved, you will be issued a green card.
Key Considerations
- Financial Sponsorship: If applicable, be ready to submit Form I-864 (Affidavit of Support) to demonstrate financial capability to support yourself or your family member upon arrival in the U.S.
- Adjustment of Status vs. Consular Processing: Determine whether you will apply for adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.) based on your current location.
- Supporting Documents: Prepare necessary supporting documents such as birth certificates, marriage certificates, tax returns, and proof of relationship or employment as required by your specific case.
Applying for a Family or Marriage-Based Green Card
The application process involves multiple steps, including tasks for both the U.S. sponsor and the immigrant. Understanding these steps will help streamline your journey.
Completing Form I-130
Detailed guides are available for filling out Form I-130 for various family members, including parents, spouses, siblings, and children.
Simultaneous Filing of Form I-130 and Green Card Application
In some cases, Form I-130 and the green card application can be filed together. Understanding when this is possible can speed up the process.
Form I-864 Affidavit of Support
This form is crucial for demonstrating the sponsor’s financial ability to support the immigrant. We’ll address common questions and provide guidance.
Establishing U.S. Domicile for Overseas Sponsors
Establishing a U.S. domicile is a crucial requirement for sponsors living abroad who wish to petition for family members to immigrate to the United States. Here’s a detailed overview of what domicile means, the requirements for maintaining it while living overseas, and how to provide proof.
Understanding U.S. Domicile
Domicile refers to a person’s principal residence with the intent to maintain that residence for the foreseeable future. For sponsors, having a U.S. domicile means that the United States is their primary place of residence, even if they are currently living abroad.
Requirements for Maintaining U.S. Domicile While Abroad
- Temporary Residence: Sponsors must demonstrate that their absence from the U.S. is temporary. This could involve:
- Employment by recognized organizations (e.g., U.S. government, international organizations).
- A clear intention to return to the U.S. after completing their overseas assignment.
- Continued Ties to the U.S.: To maintain domicile, sponsors should provide evidence of ongoing connections to the U.S., such as:
- Voting records.
- Payment of U.S. taxes.
- Ownership of property in the U.S.
- Maintenance of U.S. bank accounts or investments.
- A permanent mailing address in the U.S.
Proof of Domicile
When filing Form I-864 (Affidavit of Support), sponsors must provide proof of their U.S. domicile, especially if they are living abroad. Acceptable forms of evidence include:
- Federal Tax Returns: Showing income and tax payments to the U.S.
- Property Documents: Proof of home ownership or a lease agreement in the U.S.
- Bank Statements: Records from U.S.-based financial institutions.
- Employment Records: Pay stubs from a U.S. employer or a job offer letter indicating intent to return.
- Children’s School Registration: Evidence that children are enrolled in schools in the U.S.35.
Steps for Sponsors Living Abroad
If you are a sponsor currently residing outside the U.S., follow these steps to establish your domicile:
- Submit with Form I-864: Include this documentation when filing your Affidavit of Support as part of your immigration petition.
- Document Your Intent: Clearly express your intention to return to the U.S., detailing your temporary situation.
- Gather Evidence: Compile documentation that supports your claim of maintaining ties and intent to return, such as:
- A written explanation of your circumstances.
- Evidence of financial ties and obligations in the U.S.
How long does the family green card sponsorship process typically take
The family green card sponsorship process can vary significantly in duration based on several factors, including the relationship with the sponsor, the applicant’s country of origin, and the specific circumstances surrounding the application. Here’s a breakdown of typical timelines:
General Timeline
- Immediate Relatives of U.S. Citizens: For spouses, parents, and unmarried children under 21, the process typically takes 10 to 13 months if applying from within the U.S. or 13.5 to 15 months if applying from abroad.
- Spouses of Green Card Holders: This category usually takes about 18 months for Form I-130 processing, followed by additional waiting time for a green card to become available, totaling around 2 years or more.
- Minor Children of Green Card Holders: Expect a processing time of 23 to 38 months.
- Unmarried Adult Children of U.S. Citizens: The wait can be significantly longer, averaging 7 to 8 years, but may extend to 10+ years for applicants from countries like the Philippines and Mexico.
- Siblings of U.S. Citizens: This category has one of the longest waits, typically taking 14 to 16 years, and potentially up to 24 years for applicants from certain countries.
Factors Influencing Processing Times
- Type of Relationship: Immediate relatives generally have faster processing times compared to those in family preference categories.
- Country of Origin: Applicants from countries with high demand (like Mexico and India) often face longer wait times due to visa caps.
- USCIS Workload and Backlogs: Processing times can vary based on the service center’s workload and any backlogs in processing applications.
- Completeness of Documentation: Delays can occur if additional evidence is requested or if submitted documentation is incomplete.
Frequently Asked Questions
We’ll cover common questions about family immigration petitions, including whether multiple family members can sponsor the same immigrant and how same-sex couples can navigate the process.
In conclusion, family sponsorship is a complex but rewarding journey in U.S. immigration. This comprehensive guide offers insights into eligibility, application processes, and key considerations to help U.S. citizens and green card holders reunite with their foreign-born family members. Our goal is to provide you with valuable information to navigate this intricate path successfully.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for an IR (Immediate Relative) Visa or an F (Family Preference) Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for a Family Green Card in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
