Relatives of U.S. Citizens and Residents
Spouses, children under 21 years old, the parents of U.S. citizens are eligible for permanent residence in the immediate relative category. Visa petitions are filed by the US Citizen in the United States.

Adult children and the siblings of US citizens, as well as the spouses and unmarried children of Lawful Permanent Residents are eligible for permanent residence in the preference relative category. Visa petitions are filed by the U.S. relative in the United States. When the visa becomes available, the relative may pursue adjustment of status or consular processing to obtain their permanent residence.

Overview: Immigration law allows U.S. citizens and permanent residents to sponsor certain relatives for permanent residence in the United States. If sponsored, a relative will be permitted to enter the United States or to remain in the United States to obtain permanent residence. Due to legal requirements that the annual allotment of visas be limited, family members must often wait many years before they will be permitted to enter the U.S. or to obtain their permanent residence. Careful consideration and planning of these factors is necessary prior to the submission of a family-based application.

Eligibility: In order to sponsor a relative for permanent residence, the sponsor (U.S. Citizen/Permanent Resident) must be able to demonstrate that he or she can support the relative. Sponsors must demonstrate sufficient income to support their own family, and their family member at 125% of the U.S. poverty guidelines. (This is an annual statement of the minimum amount of income needed to live in the United States). Sponsors must submit an I-864 Affidavit of Support, and provide tax returns and other documentation of their income.

NOTE: If a sponsor is unable to meet the requirement, he/she may obtain co-sponsors to assist in meeting the requirement.

U.S. Citizens are able to sponsor the following family members:

Husband or wife;
Unmarried child under 21 years old;
Unmarried son or daughter over 21;
Married son or daughter of any age;
Brother or sister, if at least 21 years old; or
Parent, if at least 21 years old.

Permanent Residents are able to sponsor the following family members:

Husband or wife; or
Unmarried son or daughter of any age.

Preference System: Immigration law creates a system of preferences, requiring that some family members wait longer than others to obtain permanent residence in the United States. The longer wait for certain categories is due to the fact that fewer visas are available to persons in that particular category. The lack of availability of visas causes the formation of queue of persons awaiting visas. The waiting times vary greatly depending on the preference category. For example, adult children of U.S. Citizens may have to wait 12-18 months for a visa, while brothers and sisters of U.S. citizens may wait 15-20 years for a visa.

Immediate relatives of U.S. citizens, which includes parents, spouses, and unmarried children under the age of 21 do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for a visa number to become available.

Information on the length of waiting times can be obtained from the Visa Bulletin published monthly by the Department of State. For more information visit http://travel.state.gov/visa_bulletin.html.

Procedure: Procedures for submitting petitions for the spouse, child, or parent of a U.S. citizen vary widely throughout the United States, depending upon the residence of the petitioner, and location of the relative (in the U.S. or overseas). Citizens interested in pursuing this type of application should consult an immigration attorney, or the USCIS for information on the procedures in their area.

For other relatives, U.S. citizens/permanent residents must submit an I-130 Petition for Alien Relative to the USCIS processing center having jurisdiction over their residence. This petition will include evidence of the relationship between the relatives and proof of the petitioner's citizenship or permanent residence. Once the I-130 is approved by the USCIS, the family member must wait until a visa is available before submitting their green card application.