Become Lawful Permanent US Resident / Citizen Through Family Sponsorship

Some individuals may seek a Family Sponsored Green Card to become a lawful permanent US Resident based on the fact that they have a relative, who is a citizen of the Untied States or who is a lawful permanent US resident.

• First, the US Immigration and Naturalization Services (USCIS) must approve an immigrant visa petition, which is filed on the Form I-130, Petition for Alien Relative. The Form I-130 is filed by the sponsoring relative and must be accompanied by proof of the relationship to the requesting relative.
• Second, the Department of State must determine if an immigrant visa number is immediately available to the foreign national. This is the case even if the foreign national is already in the United States. When an immigrant visa number becomes immediately available, it is then possible to apply to have one of the immigrant visa numbers assigned. For your convenience, we are providing a link to the Visa Bulletin published by the Department of State. Visa Bulletin.
• Third, if the foreign national is already in the United States, he or she may apply to adjust status to that of a lawful permanent resident (green card status) after a visa number becomes available. If the foreign national is outside the United States when an immigrant visa number becomes available, he or she must then go to the U.S. Embassy or Consular office with jurisdiction over the area in which the foreign national resides to complete your processing. This is the other way in which you can apply to secure an immigrant visa number.

Who is eligible to sponsor a family member for a Family Sponsored Green Card?

To be eligible to sponsor a relative to become a US Citizen through family sponsored immigration an individual must meet the following criteria:

• He or she must be a citizen or a lawful permanent resident of the United States (including US green card holder) and be able to provide documentation proving your status.
• He or she must prove their ability to support their relative at 125% above the mandated poverty line. Click here to find out more information about meeting this criteria and filing an affidavit of support
• If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the USA; however you must be able to provide proof of the relationships:
  • Husband or wife;
  • Unmarried child under 21 years old;
  • Unmarried son or daughter over 21;
  • Married son or daughter of any age;
  • Brother or sister, if you are at least 21 years of age; or
  • aren't, if you are at least 21 years of age
• The categories of green card sponsorship are more limited for lawful permanent residents, who are eligible to file for:
  • Husband or wife; or
  • Unmarried son or daughter of any age.

What is the difference between an Immediate Relative Category and the Preference System?

People who seek a green card through family-based immigration fall into either the Immediate Relative Category or Preference System.

Who falls within the Immediate Relative Category for Family Sponsored Immigration?

This category includes parents, spouses and unmarried children under the age of 21 of U.S. citizens. Individuals falling into this category do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the US Immigration and Naturalization Services (USCIS). An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

Who falls within the Preference System for a Family Sponsored Green Card?

This category includes the following individuals who, must wait for an immigrant visa number to become available according to the following preferences:

• First Preference: Unmarried adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

Once US Immigration and Naturalization Services (USCIS) receives the US visa petition for a Family Sponsored Green Card it will be approved or denied. The USCIS will then notify the person who filed the US visa petition if the US visa petition is approved. The approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the petitioner and the foreign national when the visa petition is received and again when an immigrant visa number is available.

The 1996 immigration law significantly tightened immigrant visa eligibility by adding new requirements to the public charge ground of inadmissibly and requires the petitioner of all family-based immigrant visa petitions to submit the Form I-864 affidavit of support. What do I need to know about the public charge grounds?

The Department of Homeland Security, USCIS website sets forth in Question and Answer format important information on Public Charge. We recommend you click on the following link below and review the information.
http://www.uscis.gov/files/pressrelease/Charge.pdf

When does the petitioner's liability under the Form I-864 terminate?

The liability of the sponsor executing the Form I-864 terminates only upon one of the following occurrences:

• On the sponsored immigrant's naturalization;
• On the sponsored immigrant's earning or being credited with a total of 40 "qualifying quarters" as defined by social security law;
• On the sponsored immigrant's death;
• On the sponsored immigrant's loss or abandonment of lawful permanent resident status and departure from the US; or
• On the sponsor's death.

Will a divorce nullify the responsibility under the I-864?

No. The Form I-864 is a binding contract. For example, in an immediate relative marriage petition where the petitioner and beneficiary divorce, the obligation of the sponsor does NOT terminate upon the couple's divorce.

Does a Form I-864 sponsor have an obligation to notify the DHS of a change of address?

Yes. A sponsor has a continuing obligation to inform the DHS and the state in which the sponsored immigrant is residing of the sponsor's change of address, or be subject to civil fines.