The U.S. immigration system may appear confusing even to those navigating it. As a lawful permanent resident, you are still midway through your process of attaining citizenship. Sponsoring means allowing your family to take the very same journey you are also taking right now.
Sponsorship is not exclusive to US citizens. You have rights to sponsor certain family members under the family preference categories when you hold a green card. There are differences in visa availability, wait times, and other factors compared to US citizen sponsorship.
Who can you sponsor?
US citizens have a broader range of family members they can petition. Lawful permanent residents can only vouch for three specific types of eligible relatives under the family preference categories:
- Spouse (husband or wife)
- Any unmarried children under 21
- Unmarried adult son or daughter
The United States categorizes relatives seeking green cards according to family “preference immigrant” categories. As an LPR, your eligible family members belong in these categories:
- Second preference (F2A) – for your spouse and any unmarried children below 21 years old
- Second preference (F2B) – for your unmarried sons and daughters who are 21 years old and above
Each family preference category has annual global caps. The F2 category for those sponsored by green card holders has a baseline cap of 114,200. Because of the annual cap, the government limits available visas amid high global demand. Expect waiting periods before your relative can complete their application.
How can you sponsor a family member?
Before your relative can begin, you must first file a petition with the United States Citizenship and Immigration Services (USCIS). You must use form I-130 and submit online or by mail. The form will require proof of your green card status, proof of your family relationship and filing fees.
If you are sponsoring your spouse, do not forget that they need to fill out a supplementary form. Form I-130A and other valid documents will confirm the authenticity of your marriage.
Unlike the immediate relatives of US citizens, your loved ones are subject to visa caps and must wait for their priority date to become current on the Visa Bulletin. Meanwhile you must keep an eye for when their application becomes eligible. From there, the application process depends on your relative’s location and legal status:
- If located within the US legally and maintaining lawful status: Your loved one files a form and an application to adjust their status to permanent resident once their visa is available. They do not need to leave the country for their application.
- If located outside of the US: Your relative will go through consular processing, where the USCIS will send their application to the National Visa Center (NVC). Your relative will pay fees, attend interviews, and submit all other required documents at a US embassy or consulate.
No matter your relative’s chosen pathway, green card application can get complicated due to required paperwork. If you intend to sponsor a loved one, seeking legal guidance may be your best decision. Getting assistance may help improve chances as they can offer guidance throughout each step of the application process.
