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Green Cards For Your Family: Sponsorship Rules In The USA

Getting around the U.S. immigration system can be difficult, especially if you want to sponsor family members for green cards. Here though, is a rundown of the sponsorship requirements for family-based green card applications in the US.  Read on if you want to know more about the several family preference groups. Also, we have gathered info on who can sponsor family members and the processes in the sponsorship procedure.

Family-Based Sponsorship

Sponsorship through family-based immigration is one of the primary ways individuals can obtain lawful permanent resident status, commonly known as a green card, in the United States. This process allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain eligible family members for immigration benefits.

Preference Categories

Family-based immigration is divided into several preference categories, each with its own set of rules and waiting times. The primary categories are:

Immediate Relatives of U.S. Citizens:

  • Spouses of U.S. citizens
  • Unmarried children (under 21) of U.S. citizens
  • Parents of adult U.S. citizens (21 years and older)

Family Preference Categories:

  1. First Preference (F1): Unmarried adult sons and daughters of U.S. citizens.
  2. Second Preference (F2): F2A: Spouses and unmarried children (under 21) of LPRs and F2B: Unmarried adult sons and daughters of LPRs
  3. Third Preference (F3): Married adult sons and daughters of U.S. citizens.
  4. Fourth Preference (F4): Siblings of adult U.S. citizens.

Who Can Sponsor Family Members?

U.S. Citizens can sponsor the following family members:

  • Spouse
  • Children (unmarried and under 21)
  • Parents (if the sponsor is 21 or older)
  • Married children (of any age)
  • Siblings

Lawful Permanent Residents (LPRs) can sponsor the following family members:

  • Spouse
  • Children (unmarried and under 21)

It’s important to note that there are annual quotas and waiting times for each preference category. Therefore, it can significantly impact the processing time for green card applications.

Green Card Sponsorship Process

  1. File Form I-130: To initiate the family-based green card process, the sponsoring U.S. citizen or LPR must file Form I-130, Petition for Alien Relative, on behalf of the family member they wish to sponsor. This form establishes the qualifying relationship between the petitioner and the beneficiary.
  2. Wait for Approval: USCIS will review the I-130 petition and, if approved, send a notice confirming the approval. This step can take several months, depending on the family preference category and the backlog of cases.
  3. Visa Bulletin and Priority Dates: The waiting time for green card processing is determined by the Visa Bulletin, published monthly by the U.S. Department of State. It provides information on when immigrant visas are available for each preference category based on priority dates, which are established when the I-130 petition is filed.
  4. Adjustment of Status or Consular Processing: Once an immigrant visa becomes available, the beneficiary can choose to adjust their status if they are already in the U.S. or go through consular processing if they are abroad. Adjustment of status is typically used for family members already in the U.S., while consular processing is used for those outside the country.
  5. Attend an Interview: Beneficiaries and, in some cases, sponsors may be required to attend an interview with USCIS or a U.S. embassy or consulate. During the interview, officials will verify the eligibility and authenticity of the application.
  6. Receive a Green Card: If the application is approved, the beneficiary will receive their green card, granting them lawful permanent resident status in the United States.

The Need for Legal Guidance

Sponsoring family members for green cards in the United States is a complicated and often time-consuming process. You need to carefully consider the processing times, preference categories, and eligibility restrictions. Reuniting with your family and assisting them in obtaining legal residency in the United States require that you both understand the regulations and follow the proper procedures. To achieve the best results for your loved ones and accomplish the process successfully, always seek the guidance of an immigration lawyer.

 

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