How Can I Help My Relative Become a U.S. Resident?

Citizens of the United States and permanent residents can help their closest relatives to obtain a permanent residence card (also known as a green card holder). This process is known as family reunification. Family reunification is the most common way to immigrate to the United States, authorized by immigration laws, through an application made by a direct family member or relative.

The immigration system of the U.S. government uses categories of preference to be able to choose which immediate relatives can emigrate and in what order. The earlier you apply for your relative, the faster they can get their residency if you and the relative meet the immigration requirements.

Here’s an overview of the steps to help a relative immigrate to the U.S. and how the kinship preference system works. This information is intended to be helpful, but immigration laws in the U.S. can be complicated, and the laws can change at any time. Talk to an experienced immigration lawyer in your area to help you understand how to help a family member come to the U.S.

What Family Members Qualify for a Kinship Immigration Petition?

Family member immigration depends on whether the qualifying relative is a U.S. citizen or a lawful permanent resident (L.P.R.) and on the type of family link.

U.S. Citizens (citizens by birth or by naturalization): Citizens can ask their immediate family members to live and work in the United States, with the option of becoming permanent residents. After a number of years as a permanent resident, the immediate relatives of U.S. citizens may be able to apply for citizenship.

The following immediate family members may have an immigrant visa available immediately. This can mean there is no waiting and the immigration process is shorter and easier:

• Unmarried children under the age of 21.
• Parents (if the citizen is 21 years or older).

The following relationships also qualify for the green card application. But these relatives must wait until an immigrant visa is available for them:

• Unmarried children over 21 years of age. First preference (F1).
• Married children regardless of age. Third preference (F3).
• Siblings (if the citizen is 21 years of age or older). Fourth preference (F4).

Permanent Residents of the United States: L.P.Rs can file a visa petition to bring their relatives to live in the United States and with the same rights to obtain permanent residence. However, relatives of permanent residents may have to wait a little longer because there is a different preferential rank order based on family relationships.

• Second preference A (F2A).
• Unmarried children under 21 years of age. Second preference A (F2A).
• Unmarried children over 21 years of age. Second preference B (F2B).

What Are the Steps to Ask a Family Member?

Using the benefit of family reunification is often the simplest, easiest way to rejoin your family in the United States. However, the application process for a relative can be time-consuming and is not guaranteed to be successful.

An immigration attorney can help you understand the immigration laws that govern the family application process. A lawyer also knows which is the shortest and most effective route according to the family bond.

Step 1: Complete the I-130 form.

Form I-130 Petition for Alien Relatives is the formal petition from the U.S. Citizenship and Immigration Services (U.S.C.I.S.). When you apply, you must provide proof that you and your relative are related. You must also include your financial information with an affidavit, proving that you will provide financial support for the family member you are sponsoring to immigrate to the United States.

Step 2: Receive a Waiting Number for the Immigrant Visa

If your petition is approved, then your relative will be assigned a visa number in the corresponding visa category, according to their relationship. In other words, your relative will be awarded a place in line. It is advisable to submit your application as soon as possible, as it may take several years before your relative’s visa number reaches the front of the line.

The availability of immigrant visas also depends on the country of origin of your relative. Some countries have a higher volume of people who wish to emigrate than others, and this also determines the order in which your family visa will be processed. Countries that have longer consular processing times include:

• China
• India
• Mexico
• Philippines

To get an idea of the process times, you should check how the categories progress in the visa bulletin or on the U.S.C.I.S. website.

If your relative is outside the United States, they will not be able to come to the country as an immigrant until they have a visa. In fact, if your family member is in the U.S. but does not have legal status, there is a possibility that they may have problems obtaining an immigrant visa.

In some cases, a family member may be asked to leave the country and return with a valid visa. If this is your situation, an immigration attorney can advise you with this petition.

Step 3: Obtaining the Immigrant Visa

When your relative’s visa number reaches the front of the line, the U.S. Department of State will contact your relatives and invite them to apply for an immigrant visa, which will allow them to enter the country.

At this time, you will also have to submit an affidavit of support where you agree to support your relative. Without a financial sponsor, your family member cannot immigrate to the United States.

If the person you are sponsoring is already in the United States, then you may need to adjust status for permanent residence with Form I-485, Application to Register Permanent Residence or Adjust Status.

What Happens if the Applicant Becomes a Citizen During the Family Member Petition Process?

If you were a permanent resident but have become a citizen during the petition process, this is good news. If you initiate a relative petition process as a permanent resident but obtain U.S. citizenship during the wait, then your relative will move to another preference category.

You must notify this change immediately to the U.S.C.I.S. or the National Visa Center, according to the stage of the application process.

Now that the sponsor is a U.S. citizen, their spouse and any of their unmarried children under the age of 21 may be eligible to automatically immigrate and obtain their green card and work legally, without the need to be subjected to a number waiting period. However, children over the age of 21 may still have a waiting period.

How Do I Get Help to Get Residency for a Family Member?

The information on this page gives an overview of legal residency for family members, but there are other eligibility restrictions and options that may apply in your case. An experienced immigration attorney can talk to you about your case, help you start the process, and get started on bringing your relative to the U.S. Get started now and contact a local immigration attorney to discuss permanent residency for relatives.