Every year, millions of immigrants try to become U.S. citizens through legal immigration processes, including family members of current born citizens and permanent residents (i.e., green card holders). Any U.S. citizen or permanent resident 18 years of age or older residing in the country can help specific eligible foreign-born non-citizen family members attempt to procure a Permanent Resident Card through different types of sponsorships. Read on to learn more...
Family-Based Immigrant Visa
The sponsor citizen or permanent resident must help their beneficiary family member acquire one of two types of family-based immigrant visas (i.e., immediate relative or family preferences). With the immediate relative, only close family members of U.S. citizens are eligible (i.e., a spouse, unmarried children younger than 21 years old, and parents). These are the spousal IR and CR1, child IR2 and parent IR5 visas.
With the family preferences type, only unmarried children younger than 21, married children and siblings of a U.S. citizen are eligible and the spouse or unmarried children younger than 21 and unmarried children 21 years old and older of a permanent resident are eligible. The government makes only a limited number of visas available under the family preferences type. Family members of U.S. citizens receive priority before green-card-holding permanent residents.
Permanent Residency Sponsorship
Once a family member inside or outside of the United States has an immigrant visa, they can apply for permanent residency and a green card. The U.S. citizen or permanent resident must submit Form I-130, Petition for Alien Relative, online or via postal mail. If the applicant is in-country, they must also submit a "Form I-485, Application to Register Permanent Residence or Adjust Status." If the family member is outside the country, they must seek help by following the steps to apply at their closest U.S. consulate, as outlined on the "Consular Processing" page.
Applicants can't receive public welfare benefits. As a result, a sponsor must sometimes also submit "Form I-864, Affidavit of Support Under Section 213A of the INA" to show that they can fully support the applicant financially. If the sponsor doesn't meet the income requirements (i.e., the income is 125% or more of the federal poverty level or 100% when active military), they can ask other people living in the household to provide support. They must then submit "Form I-864A, Contract Between Sponsor and Household Member."
With all these scenarios, they must pay associated fees, provide requested supportive documents, and prepare for an interview. If a citizen or green card holder wants to sponsor multiple family members, they need to submit the appropriate forms separately for each one.
Special Sponsorship Considerations
The non-citizen widow or widower of a U.S. citizen can receive sponsorship in a way. If they were legally married in "good faith" at the time of death (i.e., married based on love and commitment and not for the convenience of a green card and permanent residency), and they haven't committed an immigration law violation or crime, they can apply for a green card. In this sense, the legally binding marriage contract makes the deceased spouse a posthumous sponsor.
It's important to note that many people are barred from applying for adjustment status in any scenario. Applicants should review the USCIS Policy Manual Volume 7, Adjustment of Status for more information.
