US immigration law has as its principal aim the unification of families – this is prioritized above other immigration-related interests, such as providing seasonal labor or highly-qualified professionals for the purpose of enhancing the United States’ economy. Accordingly, USA immigration law provides a way for persons with US citizenship or who are green card holders to help certain of their family members qualify for a green card (a green card denotes lawful permanent residency, which carries with it the right to live and work permanently in the US, and can lead to US citizenship through naturalization). This article explains how to sponsor one’s family member for a US green card.
How to Sponsor Your Family Member for a Green Card in Five Easy Steps
1Determine whom you can sponsor for a green card
It is crucial to bear in mind that a person in the USA cannot sponsor just anyone they want for a green card. One must be either a US citizen or a green card holder to sponsor a person for family-based immigration to the United States. This means persons in the country on a nonimmgrant visa – such as a US tourist visa, a student visa or an H-1B visa – cannot apply for their family member to get a green card. Moreover, even US citizens and green card holders are very limited in whom they can sponsor.
A US citizen can sponsor for a green card their:
- Spouse
- Child (irrespective of whether they are married)
- Parent
- Sibling
In contrast, a green card holder can sponsor only their:
- Spouse
- Unmarried child
2Submit a green card petition to USCIS
A US citizen or green card holder wishing to sponsor a family member for a green card must submit a “petition” to US Citizenship & Immigration Services (USCIS), asking that agency to recognize the immigration benefit-granting relationship claimed in the petition, which is how the green card application process gets started. The family-based green card petition is called Form I-130, Petition for Alien Relative.
3Receive notification from USCIS regarding adjudication of your petition
USCIS will review the petition and let the person who submitted it know whether it is approved or not. This can take, unfortunately, a long time – depending on the circumstances, it can take years. If USCIS approves your green card petition, you can move on to assisting your family member with the next steps of the green card process. An appeal of a denial can be made by submitting to the Board of Immigration Appeals Form EOIR-29.
4Assist your family member in applying for adjustment of status or for an immigrant visa
How soon the family member for whom you are seeking a green card can take the next step in the process depends on several factors, including your own status (whether you are a green card holder or a US citizen), what the relationship between you and the beneficiary is, and in some cases, what country they are from. For example, for immediate relatives (the spouse or unmarried child who is under 21 of a US citizen) there is no wait (save for a few months of processing time) between the approval of the I-130 petition and the next step in the process, as where a beneficiary who is the child or a green card holder might be in for a wait of several years.
Once the wait is over, a beneficiary who is already in the United States can submit a green card application to USCIS using Form I-485. They will get a green card through what is called adjustment of status. A person who is outside the USA will need to apply for an immigrant visa at a US embassy or consulate abroad in order to travel to the United States. Shortly after arriving they will get their green card in the mail.
5Ensure your family member’s address in the U.S. is up to date.
People often move during the green card application process (given that it takes so long). Be sure to update USCIS as to the beneficiary’s address once their green card adjustment of status application is approved or once they travel to the US on an immigrant visa; this is important, given that one’s green card arrives by mail.
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- Both photos are property of Heartland Immigration, purchased through shutterstock
