You can sponsor family members to immigrate to the U.S. if you are a U.S. citizen or Holder of a Green Card. Here is How.
The sponsor must be a citizen of the United States or hold a green card to sponsor somebody to come to the country. Additionally, since they are in charge of you, they must demonstrate to the U.S. government that they can sustain themselves and you financially while you are there.
Particularly if the sponsor is a permanent resident and NOT a U.S. citizen, these petitions take a very long time to process.
Who can be sponsored by family sponsorship?
If you are eligible to bring family members to the United States, you will probably be able to bring just close relatives. Though that has a general definition of “close familial tie,” immigration law gives it a more precise definition.
Prospective immigrants who fall under the category of immediate relations include U.S. sponsors:
- spouse
- parents
- minor children (under the age of 21)
Unlike more distant relatives, direct relatives are not subject to annual limits on the number of people who can apply for permanent residence. Instead, they have an instant right to apply for a U.S. residence permit (assuming their U.S. family member agrees to initiate the process on their behalf).
Family Sponsorship Green Cards
Direct relatives are eligible for green cards without worrying about long visa waits or numeric restrictions. (There will be a long wait until the petitions are actually processed by USCIS and, subsequently, the State Department.)
The term “immediate relatives” excludes grandparents, cousins, aunts, uncles, parents-in-law, and other extended relatives.
Beyond your immediate family, you might be eligible to sponsor favoured relations. A term used in immigration that describes some individuals who might qualify for a “green card” (permanent residency in the United States) based on familial ties.
The married children of U.S. citizens, children of U.S. citizens above the age of 21, spouses or children of U.S. green card holders, and siblings and sisters of U.S. citizens at least 21 years old are considered preference relatives.
Because they are only eligible for about 480,000 green cards annually, preference relatives typically have to wait to apply. Their U.S. citizen or permanent resident applicant’s first filing date for a visa petition expressing a desire to sponsor the immigrant determines their priority date, determining where they must stand in line.
Priority relatives frequently have to wait a couple of years before even being able to submit their visa or green card application.
How to Apply for Family Sponsorship in the USA
Based on where you are at the time of the request, there are two ways to apply to immigrate to the USA.
1. Consular Processing: If you are currently outside of the U.S. and want to stay there, you can apply at your local U.S. consulate, which will transfer it to the U.S. consulate that will sponsor your family.
2. Status adjustment: If you are a legal resident of the United States (e.g., on a visitor visa, student visa, or work visa) and you want to apply form within the U.S., you can apply to have your status changed so that you can stay in the country while your sponsorship application is being reviewed.
Why Legal Assistance is Important for Family Sponsorship
Even though the idea of family sponsorship appears simple, there are numerous caveats and considerations to be aware of.
Therefore, we advise speaking with an expert lawyer who understands how to properly prepare proper family sponsorship petitions rather than taking the chance.
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