One of the most common ways people obtain lawful permanent residence in the United States is through family-based immigration. If you are a U.S. citizen or lawful permanent resident, you may be able to sponsor certain family members for a green card. However, the process involves specific eligibility requirements, forms, and timelines that can vary significantly depending on your relationship to the person you are sponsoring.
Who Can Sponsor a Family Member?
U.S. citizens can sponsor spouses, children (unmarried and married), parents, and siblings. Lawful permanent residents (green card holders) can sponsor spouses and unmarried children. The category of relationship determines which preference category applies and how long the process may take. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, generally have the shortest processing times because visa numbers are always available for them.
The Petition Process: Starting With Form I-130
The first step in sponsoring a family member is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between the petitioner and the beneficiary. Along with the petition, you will need to provide supporting documents such as birth certificates, marriage certificates, and proof of your U.S. citizenship or permanent resident status. Accuracy and completeness are critical at this stage, as errors or missing documents can lead to delays or denials.
Understanding Wait Times and Visa Bulletins
Not all family-based immigration cases move at the same speed. While immediate relatives of U.S. citizens do not face visa backlogs, other categories can involve years-long waits. The U.S. Department of State publishes a monthly Visa Bulletin that shows current processing dates for each preference category and country of origin. For example, siblings of U.S. citizens and married adult children often face the longest wait times. An experienced immigration attorney can help you understand where your case falls and plan accordingly.
Adjustment of Status vs. Consular Processing
Once a visa number becomes available, the beneficiary can apply for a green card through one of two paths. If they are already in the United States, they may file Form I-485 for Adjustment of Status. If they are abroad, they will go through consular processing at a U.S. embassy or consulate in their home country. Each path has its own requirements, timelines, and potential challenges that should be carefully evaluated with the guidance of an attorney.
Family-based immigration can be a rewarding but complex journey. The Law Office of Miguel Palmeiro, LLC has extensive experience helping families navigate every stage of the green card process in Virginia, Maryland, and Washington, DC. To discuss your family immigration case, call us at (703) 522-2427 to schedule a consultation. A $300 consultation fee applies.