U.S. Lawful Permanent Residents (Green Card holders) have the ability to sponsor certain family members for immigration to the United States. This process allows families to be reunited and build their lives together in the U.S. However, the process involves specific categories, eligibility requirements, and waiting times that must be carefully understood.
Who Can a Green Card Holder Sponsor?
A Green Card holder can sponsor the following family members for a Green Card:
- Spouse: The husband or wife of the Green Card holder.
- Unmarried Children: Unmarried sons or daughters of the Green Card holder, who are under 21 years old. This category also includes stepchildren, as long as the marriage that created the step-relationship occurred before the child’s 18th birthday.
Important Note: Green Card holders cannot sponsor their parents, married children, or siblings. These family relationships can only be sponsored by U.S. Citizens.
The Family Preference System and Visa Categories
The immigration of family members of Green Card holders falls under the Family Preference System. This system has specific categories that determine the order in which visas become available. The relevant category is:
- F2A: Spouse and Children (Under 21) of Permanent Residents: This category is for the spouse and unmarried children (under 21 years old) of a Green Card holder.
Understanding Visa Availability and Waiting Times
Due to annual limits on the number of immigrant visas available in each category and for each country, there are often waiting times before a visa becomes available. The waiting times can vary significantly depending on:
- The Family Preference Category (F2A): The F2A category generally has shorter waiting times than some other family-based categories.
- The Beneficiary’s Country of Birth: The visa availability is affected by the demand from each country. Certain countries, like Mexico, China, India, and the Philippines, often have longer waiting times due to higher demand.
- The “Visa Bulletin”: The U.S. Department of State publishes a monthly Visa Bulletin that provides information on visa availability in each preference category and for each country. This bulletin is crucial for understanding current waiting times and when a sponsored family member might be able to move forward in the process. You should consult the Visa Bulletin regularly.
The Application Process
The process for a Green Card holder to sponsor a family member typically involves the following steps:
-
Filing Form I-130, Petition for Alien Relative: The Green Card holder (the “petitioner”) must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the petitioner and the family member (the “beneficiary”). You will need to provide evidence of your Green Card status and the familial relationship, such as a marriage certificate or birth certificate.
-
USCIS Approval of Form I-130: USCIS will review the I-130 petition. If approved, USCIS will send an approval notice. This approval, however, does not mean that the sponsored family member can immediately immigrate. It simply means that the qualifying relationship has been established.
-
Visa Availability: The beneficiary must wait until a visa becomes available in their category and for their country of birth. This is determined by their “priority date” (the date the I-130 petition was filed) and the information in the Visa Bulletin. You can track your case on the Department of State website.
-
National Visa Center (NVC) Processing: Once a visa becomes available, the case is transferred to the National Visa Center (NVC). The NVC will collect fees, require the submission of necessary documents (including the Affidavit of Support), and schedule an interview.
-
Immigrant Visa Interview (if the beneficiary is outside the U.S.): If the beneficiary is outside the United States, they will attend an immigrant visa interview at a U.S. embassy or consulate.
-
Adjustment of Status (if the beneficiary is already in the U.S.): If the beneficiary is already legally present in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a Green Card holder without leaving the country. There are specific eligibility requirements for adjustment of status.
-
Entry to the U.S. or Approval of Adjustment of Status: If the immigrant visa interview is successful, the beneficiary will be able to enter the United States as a Lawful Permanent Resident. If the beneficiary is adjusting status, their Form I-485 will be approved, and they will receive their Green Card.
The Affidavit of Support
A crucial part of the process is the Affidavit of Support. The Green Card holder (petitioner) is generally required to demonstrate that they can financially support the sponsored family member. This is typically done by filing Form I-864, Affidavit of Support Under Section 213A of the INA. The petitioner must show that their income is at least 125% of the poverty guideline for their household size (including the sponsored family member). There are exceptions and alternative ways to demonstrate financial support in certain situations.
Important Considerations
- Waiting Times: Be prepared for potentially long waiting times, especially if the beneficiary is from a country with high demand.
- Maintaining Status: If the beneficiary is already in the U.S., it is crucial that they maintain a valid non-immigrant status while waiting for their visa to become available.
- Legal Assistance: The immigration process can be complex. It is highly recommended to seek legal advice from an experienced immigration attorney.
- Age of Children: If a child turns 21 before they can immigrate, they may no longer qualify as a “child” for immigration purposes. The Child Status Protection Act (CSPA) can sometimes help mitigate this issue, but it is important to understand the CSPA requirements.
- Accurate Information: Providing accurate and truthful information on all applications and forms is essential.
Conclusion
The process of sponsoring a family member for a Green Card as a permanent resident can be intricate, involving various eligibility requirements, waiting times, and procedural steps. For expert guidance and personalized support in understanding the family preference system and potential backlogs affecting your situation, we at “L for Law” are here to assist. Contact us today for a consultation to discuss your family’s immigration needs and explore the best path forward.
