In the US, however, the vast majority of immigrants are sponsored by relatives, not by work. That’s because Congress has set a cap on the amount of employment-related green cards that could be granted each year — only 140,000, or roughly 13% of the total green cards issued every year.
Consequently, most immigrants in the US get their green cards through spouses, children, and other immediate family members. Even among immigrants from populous countries such as China and India. In such instances, strict country-specific ceilings on employment-based green cards further restrict the number of immigrants who are eligible for an employer-sponsored green card.
And yet, even in China and India, where most of them enter the U.S. to work, the proportion of people who get green cards through family sponsorship is far higher than the proportion that get green cards through employment.
South Korea: The Outlier In the Rulebook.
South Korea is the only major economy in which more immigrants come to the US under employer green cards than under family sponsorship. But keep in mind that around half of the employer green cards granted to South Korean nationals are given to the wife and children of the main worker, which is to say that family immigration still has its importance.
Differences between sponsoring a family member as a U.S. citizen versus a lawful permanent resident
The process of sponsoring a family member for a green card differs significantly between U.S. citizens and lawful permanent residents (green card holders). Here are the main differences:
U.S. Citizens
- Immediate Relatives: U.S. citizens can sponsor an unlimited number of immediate relatives, which include:
- Spouses
- Unmarried children under 21
- Parents (if the citizen is at least 21 years old)
- Other Family Members: Citizens can also sponsor other relatives, such as:
- Unmarried sons and daughters over 21
- Married sons and daughters of any age
- Siblings (if the citizen is at least 21)
These categories are subject to annual visa caps, resulting in longer wait times for approval.
Lawful Permanent Residents
- Limited Sponsorship: Permanent residents can only sponsor:
- Spouses
- Unmarried children (both under and over 21)
Lawful permanent residents cannot sponsor parents or siblings, nor can they sponsor married children.
Visa Availability
U.S. Citizens
- There are no numerical limits on visas available for immediate relatives, meaning they can receive green cards without waiting for a visa number to become available.
Lawful Permanent Residents
- Family members sponsored by permanent residents are subject to annual limits on visa availability. This can lead to significant wait times depending on the category of sponsorship.
Application Process
Both U.S. citizens and lawful permanent residents initiate the process by filing Form I-130, Petition for Alien Relative. However, the subsequent steps vary due to differences in visa availability:
- Immediate Relatives of U.S. Citizens: After Form I-130 approval, these relatives can immediately apply for a green card without waiting for a visa number.
- Family Preference Categories: Other relatives sponsored by U.S. citizens or any relatives sponsored by permanent residents must wait for a visa number after I-130 approval before proceeding with their green card application.
Financial requirements for sponsoring a family member for a green card
To sponsor a family member for a green card in the United States, certain financial requirements must be met, primarily revolving around income levels relative to the Federal Poverty Guidelines.
Minimum Income Requirements
- General Requirement:
- The sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines for their household size. For 2025, this translates to a minimum income of $25,550 for a household of two people living in the 48 contiguous states, Washington D.C., and U.S. territories.
- Income Requirements by Household Size:
The minimum income requirements vary based on the number of people in the household. - Active Duty Military Exception:
- If the sponsor is an active duty member of the military and is sponsoring a spouse or child, the income requirement is reduced to 100% of the Federal Poverty Guidelines.
Alternative Financial Support
If the sponsor’s income does not meet the minimum requirement:
- Household Member Contributions: Income from other adult members of the household can be included if they agree to support the immigrant financially. This requires filling out Form I-864A.
- Assets as Substitute for Income: If the combined household income falls short of the required amount:
- Calculate the shortfall.
- Multiply this amount by 3 (if the sponsor is a U.S. citizen) or 5 (if a green card holder) to determine the necessary asset value that must be demonstrated.
What happens if the family member being sponsored has a criminal record
When a family member with a criminal record is sponsored for immigration, several factors come into play that can affect the outcome of the sponsorship application. Here’s a detailed overview:
Impact on the Sponsor
- Criminal Record of the Sponsor:
- A U.S. citizen with a criminal record can still sponsor a family member for permanent residence, but certain convictions can disqualify them. Specifically, convictions related to child abuse or certain offenses against minors will automatically bar sponsorship.
- Other serious crimes, such as drug trafficking or violent offenses, may lead to increased scrutiny of the relationship and the application process. The USCIS may question whether the relationship is genuine or an attempt to circumvent immigration laws.
- USCIS Evaluation:
- The USCIS conducts background checks on both the sponsor and the applicant. If the sponsor has a criminal record, USCIS may request additional documentation to assess any potential risks posed by the sponsor.
Impact on the Sponsored Family Member
- Criminal Record of the Applicant:
- The nature and severity of any criminal offenses committed by the person being sponsored will also be evaluated. Certain crimes can affect their eligibility for a green card.
- For example, serious felonies or crimes involving violence or fraud may lead to denial of their application.
- Case-by-Case Basis:
- Each case is reviewed individually, taking into account factors such as the time elapsed since the offense, evidence of rehabilitation, and overall circumstances surrounding both parties’ histories.
Possible Outcomes
The potential outcomes for a sponsorship application where either party has a criminal record include:
- Approval: If USCIS determines that there are no significant risks associated with either party’s criminal history.
- Request for Evidence (RFE): USCIS may ask for additional information or documentation to clarify aspects of the application.
- Denial: If USCIS concludes that either party’s criminal record poses a risk or violates immigration laws, the application may be denied.
Recommendations
- Legal Consultation: It is advisable for sponsors and applicants with criminal records to consult an experienced immigration attorney who can provide tailored advice and help navigate complex legal requirements.
- Documenting Rehabilitation: Sponsors should gather substantial evidence demonstrating rehabilitation efforts, such as letters from community leaders or proof of participation in rehabilitation programs
Family-based immigration in general is still the preferred route for immigrants to receive a green card in the United States, primarily because of employment-based restrictions. Families, whether from large nations such as China and India or small ones such as South Korea, dominate immigration in the United States and prove how central family is to the U.S. system of immigration.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a K-1 or an IR2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate 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 to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
