Sponsoring a family member for immigration to the United States is a meaningful way to bring loved ones closer. The process, however, involves several steps that need to be followed carefully to meet all legal requirements.
Determining Eligibility To Sponsor
The first step is confirming whether you’re eligible to sponsor a family member. U.S. citizens and lawful permanent residents (LPRs) can sponsor certain relatives, but the categories of eligible family members differ depending on your status. U.S. citizens can petition for spouses, children, parents, and siblings, while LPRs are limited to spouses and unmarried children.
It’s also important to meet the financial requirements for sponsorship. Petitioners are required to submit an affidavit of support, which demonstrates that they have sufficient income or assets to support the family member they’re sponsoring. This step is designed to show that the immigrant will not rely on public assistance.
Filing The Petition
Once eligibility is established, the next step is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form serves to establish the relationship between the petitioner and the family member. Supporting documents, such as birth certificates, marriage certificates, or adoption records, must be included to prove the relationship.
After filing the petition, USCIS will review the documents and notify you of their decision. If the petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing. This is where your family member’s visa application begins.
Completing Visa Processing
Visa availability depends on the relationship between the petitioner and the beneficiary, and your family based immigration lawyer may be able to help you determine who’s eligible. Immediate relatives of U.S. citizens—such as spouses, unmarried children under 21, and parents—do not face numerical visa limits, so their applications move forward more quickly. Other family categories, such as siblings of U.S. citizens or spouses and children of LPRs, are subject to annual visa caps, which can result in significant waiting periods.
Adjusting Status For Relatives Already In The U.S.
If the family member you are sponsoring is already in the United States and meets the eligibility requirements, they may be able to adjust their status without leaving the country. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. In some cases, the Form I-130 and Form I-485 can be submitted together to save time.
Staying Informed Throughout The Process
Attorneys like our friends at The Law Offices of Ricky Malik, P.C. can attest to the importance of proper documentation and a thorough approach.
The immigration process can be time-sensitive, with many documents to submit and deadlines to meet. Regularly checking the status of your application and responding promptly to any requests from USCIS or the NVC can help avoid delays.
Helping You Reunite With Family
Sponsoring a family member is a rewarding process that brings families together. While the steps involved may seem challenging, each one plays an important role in achieving the goal of legal immigration. If you’re considering sponsorship or need help with an ongoing application, contact a lawyer today.
