How to bring relatives to America: answers to the most popular questions about a family green card

Immigration is quite a difficult process, especially separation from loved ones. But immigrants may take some family members with them or transfer them after they are settled in the United States. For this purpose, there are visas for family members of US citizens and green card holders. Edition Green Card Lawyers collected answers to the most frequently asked questions about this type of visa.

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What is family immigration?

Family immigration allows certain individuals to become permanent residents of the United States through family relationships with US citizens or permanent residents. A U.S. citizen or permanent resident who files a petition for a family member is called a sponsor. The foreign relative for whom the immigration petition is being filed is called the beneficiary.

Who is eligible to sponsor a relative for a green card?

Sponsor must be at least 18 years of age and a US citizen or permanent resident. The sponsor generally must reside in the United States, unless you are temporarily residing abroad and your permanent residence is still in the United States.

What are the sponsor's obligations?

The sponsor must sign a legally binding Affidavit of Beneficiary Support guaranteeing that the sponsor will maintain the proposed immigrant's standard of living at no less than 125% of the national poverty level. This obligation continues until the beneficiary becomes a US citizen or has worked in the US for 40 qualifying quarters (about 10 years).

Which relatives can I sponsor to become a permanent resident if I am a US citizen?

If you are a US citizen, you can petition for a green card for the following relatives:

• husband or wife;
• children, both married and unmarried, regardless of age;
• a brother or sister if you are at least 21 years old;
• parent if you are at least 21 years old.

Which relatives can I sponsor for permanent resident status if I am a US permanent resident?

If you are a legal permanent resident of the United States, you can petition for a green card for the following relatives:

• husband or wife;
• unmarried children.

On the subject: How to read the Visa Bulletin: it can find the dates for the issuance of family and work visas, as well as won green cards

What documents are needed to apply for permanent resident status for a family member?

You will need to provide documentation that you are a U.S. citizen (such as a U.S. passport, naturalization certificate, or birth certificate) or a permanent resident (such as a green card). In addition, you must prove your relationship with a marriage certificate, birth certificate, adoption papers, and divorce papers or death certificates from previous marriages.

You will need to provide financial information (tax returns, proof of employment, and bank statements), among other things. Your relative will need to provide a passport, photographs and undergo a medical examination. You may have to provide other documents, depending on your specific circumstances.

What is a conditional green card?

A conditional green card is issued to spouses if the marriage took place less than two years before obtaining permanent resident status in the United States. Both spouses must file a joint petition to remove conditionality within 90 days prior to the second anniversary of the foreign spouse's becoming a permanent resident of the United States. Otherwise, his or her conditional permanent residence permit will be revoked.

My son was born in the USA and is a US citizen. Can he petition for a green card for me and my wife?

If your son is over 21 years of age, he can petition for a green card on your behalf as his parents. However, if he is under 21 years of age, he cannot file an immigration petition for you and your wife until he is 21 years old.

I am a permanent resident and my wife has a daughter from a previous marriage. Can I sponsor my stepdaughter for a green card?

Yes, you can sponsor your stepdaughter to become a permanent resident if you were married to her mother before she turned 18.

My 20 year old son would like to get a green card and I am a US citizen. If my son turns 21 after I petition for him, will he have to wait?

The Child Protection Act allows your son to obtain a visa if the petition is filed before he turns 21.

I am a US citizen and have a half-sister and an adopted brother living in another country. Can I sponsor them for a green card?

US citizens can sponsor a brother or sister to become a permanent resident. A brother or sister is a brother, sister, half-brother, step-sister, or adopted brother or sister. To be considered a brother or sister, you must be the child of at least one parent. Adopted siblings are considered adopted if they were adopted by at least one of your parents before your adopted sibling turned 16 years old. Your half-sister or brother will be considered a full sister or brother if your parent married your sister's/brother's parent before she/he turned 18 years old.

I am a permanent resident of the United States. Can I apply for a green card for my sister?

No, US permanent residents are not eligible to apply for a green card for their siblings. To apply for your sister, you will have to become a US citizen through the naturalization process.

Can I, as a permanent resident, apply for a green card for my parents?

No, Lawful Permanent Residents do not have the right to petition for their parents to live and work in the United States. You must apply for U.S. citizenship through the naturalization process and then file a petition for your parents.

My mother is a US citizen and she is applying for permanent residency for me. I'm married and have three children. Should my mother file separate petitions for my wife and children?

No, your mother does not need to file separate petitions for your spouse and children. Your spouse and children will be eligible to apply for immigrant visas and may receive their green cards with you.

How do I begin the process of obtaining a green card for my wife who is currently in the US in a different status?

If you are a US citizen, you should file an I-130 immigration petition for her. At the same time, your wife can apply for adjustment of status.

If you are a permanent resident of the United States, you must file an I-130 immigration petition. Your wife will have to wait until she can get an immigrant visa in the second preference category. Information on visa availability can be found in the bulletin Visa Bulletin. Once the visa number is current, the spouse will be able to apply for permanent resident status. During this waiting period, your wife must continue to maintain valid nonimmigrant status.

How do I begin the green card process for my husband who is currently outside the US?

The first step is to file an I-130 Petition for Alien Relative with US Citizenship and Immigration Services (USCIS). The petition must request that USCIS notify the U.S. Consulate in the country where your husband resides. You will have to wait until this petition is approved.

If you are a US citizen, your husband does not have to wait for a visa to become available before applying for an immigrant visa. If you are a permanent resident of the United States, you will have to wait until the visa becomes available.

The US Department of State's National Visa Center will send you a series of forms called "Package 3". After completing the necessary forms, your husband will go to the US Consulate and apply for an immigrant visa.

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I got married while my application for permanent residence at my place of work was pending. Do I have to file a petition before my spouse can come to the US and join me?

Your wife has the right to "follow you" because you were married before you became a lawful permanent resident. You do not need to file a separate application for your spouse, and she does not have to wait additional time for the visa to become available. You must file Form I-824 with USCIS and request that the U.S. consulate in your wife's country of residence be notified so she can apply for an immigrant visa.

What is a fiancée visa?

The Fiancé/Fiancé visa is available to foreign nationals who wish to enter the United States to marry a U.S. citizen. These visas are called K-1 visas. A US citizen must file a petition with the USCIS. Once the petition is approved, the foreign fiancé/fiancé submits an application for a K-1 visa to the U.S. consulate abroad. The alien must marry a US citizen within 90 days of entering the US on a K-1 visa.

I am a US citizen and have petitioned for my wife to join me in the US. Can she come to me in the US while the petition is pending?

Yes, your spouse is eligible to apply for a K-3 nonimmigrant visa after the I-130 petition is adjudicated. With this visa, she can enter the United States to live and work while her petition for permanent residence is pending. However, your wife does not need to obtain a K-3 visa to come to the United States to live and work. Your wife may be waiting abroad for an immigrant visa. This visa will allow her to join you in the US more quickly.

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