In our connected world, families often live far apart. For those in the United States, bringing loved ones from abroad together is a common goal. To sponsor for a green card means helping a family member get permanent residence so you can reunite. However, the process can be complicated and depends on your immigration status and the type of family relationship.
Who Can Help Immigrate?
To sponsor a family member for a Green Card in the United States, you must be a U.S. citizen or a lawful permanent resident. The eligibility categories for sponsorship are primarily divided into two main types: Immediate Relative Visas and Family Preference Visas.
Immediate Relative Visas
These visas are available for close relatives of U.S. citizens, and there is no annual limit on the number of visas issued in this category. The specific categories include:
- IR1 and CR1: For spouses of U.S. citizens.
- IR2: For unmarried children under 21 years of age of U.S. citizens.
- IR5: For parents of U.S. citizens (the U.S. citizen must be at least 21 years old).
Family Preference Visas
These visas are subject to annual limits and are available for more distant relatives. The categories include:
- F1: Unmarried sons and daughters (21 years and older) of U.S. citizens.
- F2A: Spouses and unmarried children (under 21) of lawful permanent residents.
- F2B: Unmarried children (21 years and older) of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Siblings of U.S. citizens (the U.S. citizen must be at least 21 years old).
Other Sponsorship Categories
Beyond family-based sponsorship, there are additional categories under which individuals may apply for a Green Card:
- Fiancé(e) Visa: For the fiancé(e) of a U.S. citizen or their child.
- Widow(er): For individuals who were married to a U.S. citizen at the time of the citizen’s death.
- Employment-Based Green Cards: For workers sponsored by employers, including special categories for investors and workers in certain fields.
Waiting Periods for Relatives
The journey to a green card involves waiting periods, varying by relationship type and the applicant’s country of origin. Immediate relatives have faster processing without numerical limits, though there’s still a wait while USCIS and the State Department process applications.
Preference relatives face longer waits due to annual caps on green cards, especially for high-demand countries like India, Mexico, China, and the Philippines.
Health Requirements for Green Card Beneficiaries
1. Medical Examination
- Requirement: Most beneficiaries must undergo a medical examination to assess their admissibility based on health grounds.
- Conducted By: The examination must be performed by a designated civil surgeon in the U.S. or a panel physician abroad.
- Purpose: The exam checks for communicable diseases, mental health issues, and other conditions that may render the applicant inadmissible.
2. Vaccination Requirements
- Beneficiaries are required to receive certain vaccinations as part of the medical examination process. This includes vaccines for diseases such as:
- Measles
- Mumps
- Rubella
- Tetanus
- Diphtheria
- Pertussis
- Polio
- Influenza
- Hepatitis B
- Failure to provide proof of vaccination can lead to denial of the Green Card application, although waivers may be available under specific circumstances.
3. Grounds for Denial
A Green Card application may be denied based on health grounds if the beneficiary:
- Has certain communicable diseases (e.g., tuberculosis).
- Fails to meet vaccination requirements.
- Is found to have a medical condition that poses a public health risk.
- Has a history of drug abuse or addiction, which typically does not allow for waivers.
4. Waivers
In some cases, if an applicant does not meet health requirements, they may apply for a waiver. This is generally possible for vaccination-related issues but not for serious conditions like ongoing drug addiction.
Current Average Waiting Periods by Category
Family-Based Green Cards
- Spouses of U.S. Citizens:
- In the U.S.: Approximately 18-22 months for processing after filing Form I-130.
- Outside the U.S.: Approximately 13.5–15 months for consular processing.
- Spouses of Green Card Holders:
- In the U.S.: The average processing time is about 18 months for Form I-130, plus additional time for a Green Card to become available, totaling around 3 years.
- Outside the U.S.:
Wait times can extend to about 23-32 months or longer.
Other Family Categories
- Unmarried Adult Children of U.S. Citizens:
- The average wait time is 7-8 years but can exceed 10 years for citizens of the Philippines and over 20 years for citizens of Mexico.
- Married Adult Children of U.S. Citizens:
- Processing may take 13-14 years, with waits extending to 22+ years for Mexico and Philippines residents.
- Siblings of U.S. Citizens:
- The average wait time is about 14-16 years, with longer waits for applicants from India (16+ years), Mexico (20+ years), and the Philippines (24+ years) due to high demand and country caps.
Employment-Based Green Cards
Processing times can vary widely depending on specific employment categories and country of origin, often exceeding two years or more due to backlogs, especially for applicants from countries with high demand like India and China
Starting the Application Process
As a U.S. citizen or green card holder, you must initiate the sponsorship process. Your family member cannot enter the U.S. until both the petition and subsequent applications are approved.
Reuniting with family in the United States is a heartfelt aspiration. While obtaining green cards involves waiting periods and specific eligibility criteria, many families have successfully navigated this path. Understanding the nuances of sponsorship categories and associated waiting times is the first step toward making your dream of family reunification a reality.
Remember, immigration policies can change. For the most up-to-date advice, consult with an immigration attorney or a reputable immigration organization.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your Sponsored travel to the US straightforward and successful. Whether you’re applying for a Family-Based Visas or Employment-Based Visas, 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 to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
