Bringing Family Members to the US: A guide to Family Sponsorship

Family sponsorship is a key way U.S. citizens and lawful permanent residents (LPRs or green card holders) can reunite with relatives who live abroad, providing them with the opportunity to live and work in the U.S. In this guide, we'll address common questions about family immigration, providing you with essential information on the process, and the possibility of bringing your entire family to the USA.

Eligibility for Family Sponsorship

Family sponsorship eligibility depends on the sponsor's status as either a U.S. citizen or a lawful permanent resident. The categories of family members each can sponsor vary:

U.S. Citizens can sponsor immediate relatives, including:

• Spouses (IR-1)

• Unmarried children under 21 (IR-2)

• Parents (IR-5, but the sponsor must be at least 21)

  
  

Additionally, U.S. citizens can petition for extended family under the Family Preference system, which includes:

• Unmarried children over 21 (F1)

• Married children of any age (F3)

• Siblings (F4, provided the citizen is at least 21 years old)

Lawful Permanent Residents (Green Card Holders) have more limited options. They can sponsor:

• Spouses and unmarried children under 21 (F2A)

• Unmarried children over 21 (F2B)

  
  

LPRs are not permitted to sponsor parents, married children, or siblings, which is a key difference from U.S. citizens’ rights.

Immediate Relative vs. Family Preference Categories

The U.S. immigration system categorizes family-based immigrant visas into two main groups:

1. Immediate Relatives: Reserved for the closest relatives of U.S. citizens, these visas have no annual cap. The lack of limits makes processing times relatively quicker than those for family preference visas.

   
   

2. Family Preference Categories: These visas, available to both U.S. citizens and LPRs, are subject to annual caps and organized by priority:

   • F1: Unmarried adult children of U.S. citizens

   • F2: Spouses and children of LPRs, divided into F2A (spouses and children under 21) and F2B (unmarried adult children)

   • F3: Married adult children of U.S. citizens

   • F4: Siblings of U.S. citizens

The limited number of visas for family preference categories often leads to long wait times, especially for applicants from countries with high demand, such as Mexico and the Philippines. Visa Bulletin updates from the U.S. Department of State offer monthly insights into current processing times by category and nationality.

Steps to Sponsor a Family Member

1. Submit Form I-130, Petition for Alien Relative: This form establishes the family relationship and initiates the sponsorship process. Each sponsored relative requires a separate I-130. Once approved, the petition moves to the National Visa Center (NVC) for further processing if the family member resides outside the U.S.

   
   

2. Processing Routes:

   • Adjustment of Status (AOS): For relatives already in the U.S., adjustment of status allows them to apply for permanent residency without leaving the country.

   • Consular Processing: For relatives living outside the U.S., they complete the immigration process through a U.S. consulate or embassy abroad.

3. Supporting Documentation and Affidavit of Support: Sponsors must prove their financial ability to support the family member upon arrival, typically by submitting Form I-864, Affidavit of Support.

4. Final Steps: If consular processing is chosen, the family member will attend an interview at their designated U.S. embassy or consulate to assess eligibility and confirm application details.

   
   

Additional Considerations

• Priority Date: For family preference categories, the priority date is the date the I-130 was filed. This date is essential for determining when a visa will be available, and applicants must monitor it closely through the Visa Bulletin.

• Concurrent Filing: For immediate relatives in the U.S., it may be possible to file Form I-130 and Form I-485 (Adjustment of Status) simultaneously, expediting the process if both forms are approved.

• Financial Requirements: Sponsors need to demonstrate financial capacity to support their relatives. If a sponsor’s income doesn’t meet the threshold, a joint sponsor can assist to ensure financial criteria are met.

Navigating family sponsorship is complex, with different rules and timelines based on family relationship, sponsor status, and applicant nationality. Email Elizee Law Firm at intro@elizeelawfirm.com,  our skilled immigration lawyers can answer any questions about Family Sponsorship and guide you through every step of the process. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone: 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.