Click here to sign up for our immigration newsletter.
Helping a Family Member Immigrate to the US
US citizens and those holding legal permanent resident status, or green cards, have the ability to help family members immigrate to the United States. In order to sponsor a family member, the person must be in an eligible class of family members and the sponsor must be able to prove he or she can financially support the family member.
US citizens may sponsor:
- Spouses
- Children, whether married or unmarried
- Parents
- Siblings
Legal residents may sponsor:
- Spouses
- Unmarried children
US citizens are able to sponsor more classes of family members than legal residents. Also, the spouses and unmarried children under 21 of US citizens are given priority for visas, which means they do not have to wait in line for visas to become available. Thus, if a legal resident wishes to help family members immigrate to the US, it is in his or her best interest to seek American citizenship.
Once it is determined that the family member is eligible for sponsorship, the sponsor must submit a Petition for Alien Relative (Form I-130) to the US Citizenship and Immigration Services (USCIS). This form requires the sponsor to provide proof of the family relationship. The sponsor also will have to submit proof of his or her ability to financially support the relative by submitting an Affidavit of Support (Form I-864).
Submitting the forms does not guarantee that a family member will be allowed to immigrate to the US. Once the petition is approved, it merely saves the relative’s place in line to apply for a visa. Those whose petitions are approved are placed into groups based on their family relationship and the country they are immigrating from. For example, if the relative is a sister from Greece, she will be placed in a class of other sisters from Greece. The relative will receive a notification from the US State Department when he or she is eligible to apply for a visa.
To receive the visa, the relative still must meet all of the requirements to immigrate to the US and go through the visa application process. This means submitting the application to the local US embassy or consulate and usually includes scheduling an in-person interview with a representative of the embassy or consulate. During the interview, the relative will need to bring evidence of the family relationship with the US sponsor.
Waiting times for family-sponsored visas can vary, depending on the family relationship and the home country of the family member. The US consulate or embassy may be able to provide you with an estimated wait time for receiving the visa.
For more information on sponsoring a family member for immigration, contact an immigration attorney. He or she can provide advice and guidance based on your specific circumstances.
Getting Ready To Apply for a Visa
To read and print out a copy of the checklist, please follow the link below.
Getting Ready to Apply for a Visa
You can download a free copy of Adobe Acrobat Reader here.
Copyright © 2008 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
