Can a Us Citizen Sponsor a Family Member You for a Green Card

Immigrating to the U.Due south. and becoming a permanent resident or U.S. denizen can offer many opportunities. Simply it often means that you are far from your loved ones who remain in your home land. One of the largest benefits of condign a U.Due south. citizen, or in some instances, a permanent resident, is existence able to sponsor family members for a Green Card.

The U.Southward. is a state of immigrants. At that place is a long history of immigrants helping other family members immigrate; this is sometimes referred to as "concatenation migration," and most Americans take ancestors who arrived this way. Many people know about this benefit but are unclear about which family members qualify for sponsorship, the procedure, and the wait time.

Related: Sponsoring an Undocumented Spouse's Greenish Menu

Who Does This Apply To?

Suppose you are a U.S. citizen or a lawful permanent resident and have a relative who lives in a dissimilar country. In that instance, you lot can petition for your relative to become a legal permanent resident (or a "light-green card" holder) in the U.Due south. The process of petitioning a relative abroad for a green card is referred to every bit "Consular Processing."

In some cases, your relative may already be living in the U.S. under another type of visa status. In such cases, your relative may be able to become a lawful permanent resident while inside the U.S. This process, known every bit "Adjustment of Condition," is available to people already in the U.Due south. who entered the land legally and practice not have a astringent criminal record, certain diseases, or other disqualifiers.

Who Can You Petition For?

In that location are some misconceptions about which types of family members yous tin sponsor. You cannot sponsor family unit members such as grandparents, grandchildren, aunts, uncles, or cousins. While many Americans have ancestors who arrived to join relatives outside of their immediate family, current U.Due south. clearing laws do non allow the sponsorship of what the government considers to be a relative who is non considered an firsthand family member.

Every bit a U.S. denizen or lawful permanent resident, you can petition for certain relatives:

U.S. Citizens Can Petition For:

• A spouse;
• Unmarried children under 21 years of historic period;
• Unmarried sons or daughters 21 years of age or older;
• Married sons or daughters of any age;
• Brothers or sisters (you must be 21 years of age or older);
• Mother or father (you must be 21 years of age or older).

Lawful Permanent Residents Can Petition For:

• A spouse
• Unmarried child nether 21 years of historic period
• Unmarried son or girl 21 years of age or older.

Spouses and unmarried children nether the age of 21 of the beneficiary (the person being sponsored) can receive a Dark-green Card at the aforementioned time as the beneficiary.

What Is the Procedure for Petitioning a Relative?

There are 3 main steps in the procedure:

Yous, the "Petitioner," volition outset file a "Petition for Alien Relative" with USCIS in the U.South. After the petition is approved, the case is transferred to the National Visa Center (that is as well located in the U.S.).

The National Visa Center (the NVC) will collect additional documents from you lot, the Petitioner, and your relative- the beneficiary. In one case the case is ready, the NVC will transfer your instance to the U.Due south. Department of Country consulate/diplomatic mission in your relative'due south dwelling house land.

Your relative will nourish an interview at the consulate/embassy. Upon approval at the interview, your relative will receive an Immigrant visa. The Immigrant visa allows for your relative to enter the U.Due south. as a lawful permanent resident.

Related: What You Need To Know About VAWA Green Cards

How Long Must Relatives Wait?

At that place is a limit on the number of Greenish Cards that can be issued per yr. At that place are many more Green Card petitions filed each year than in that location are available visas, resulting in a excess. Waiting times vary based on whether the sponsor is a citizen or permanent resident, family human relationship, and country of origin. There are no caps set on the number of Light-green Cards that can be issued for spouses, parents, and unmarried children nether the age of 21 of U.South. citizens. Therefore, such family members tin can receive their Green Card as before long equally their petition tin can exist candy, which currently takes anywhere from about half-dozen months to 2 years. There is also usually petty to no excess for spouses and single minor children of permanent residents.

Additionally, there are a limited number of Light-green Cards that can be issued per country. Due to high demand, citizens of Cathay, India, United mexican states, and the Philippines ordinarily have longer waiting periods than citizens from other countries. The Department of Land issues a Visa Bulletin each month that gives an thought of the estimated waiting times. Siblings and adult children can wait to see a wait fourth dimension ranging from near five to more than 20 years.

Tin can the Relative Look In the U.S.?

If your family member is already legally in the U.Southward. for a reason such every bit work or study, they may exist able to adjust their status inside the U.South. Also, U.S. citizens tin can sponsor their fiancé(e) for a visa, and once they go married, the spouse tin then apply to conform their condition. Aligning of Condition is not an selection if your family unit member is exterior the U.S. or does not otherwise qualify to change their status for reasons such as immigration violations. Information technology volition also likely exist difficult for your family unit fellow member to receive a tourist visa that would allow temporary travel while they are waiting for their Greenish Menu.

What Happens if I Become a U.S. Citizen subsequently I Filed a Petition For My Relatives?

Suppose you were a permanent resident but go a U.S. denizen after filing for your relative. In that case, you can upgrade their visa classification, which normally results in a waiting menstruation that is at least a few months shorter. If their petition has already been approved and they are waiting on a visa, you should notify the National Visa Eye. If their petition is still pending, y'all should inform the relevant USCIS service eye.

Conclusion

Because of the long expect times, it is recommended that yous file a petition for your relative as soon as possible. An clearing attorney can help you through the procedure and aid yous avoid mistakes that tin can cost you time and coin. Brudner Law has helped many families reunite; let u.s.a. assist your family too! Give us a call to find out how we tin guide yous through the complex and ever-changing immigration process.

Related: Criteria For Obtaining Citizenship

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Source: https://brudnerlaw.com/petition-my-family-member-green-card/

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