Who can sponsor a relative for a green card?
A US citizen can sponsor a spouse, children of any age, parents and siblings for a green card. However, a lawful permanent resident can sponsor only a spouse and unmarried children. A family immigration lawyer can tell you early which route fits your family, and which forms it needs.
Every family-based green card case begins with Form I-130, Petition for Alien Relative, filed with US Citizenship and Immigration Services (USCIS). The petition proves two things: the sponsor’s own status, and the family relationship. By contrast, you cannot sponsor grandparents, aunts, uncles, cousins or in-laws directly.
| Relative | US citizen can sponsor | Permanent resident can sponsor |
|---|---|---|
| Spouse | Yes | Yes |
| Unmarried children | Yes, any age | Yes, any age |
| Married children | Yes | No |
| Parents | Yes, if the citizen is 21 or over | No |
| Brothers and sisters | Yes, if the citizen is 21 or over | No |
What are immediate relatives and preference categories?
Immediate relatives of US citizens have no annual limit and no queue. Everyone else, however, falls into a preference category with a yearly cap and a waiting line. As a result, that single distinction explains most of the difference in how long family cases take.
- Immediate relatives Spouses of US citizens, unmarried children under 21 of US citizens, and parents of citizens aged 21 or over.
- F1 Unmarried sons and daughters, 21 or over, of US citizens.
- F2A and F2B Spouses and children under 21 of permanent residents (F2A), and their unmarried sons and daughters aged 21 or over (F2B).
- F3 Married sons and daughters of US citizens.
- F4 Brothers and sisters of US citizens aged 21 or over.
In a preference category, the petition’s filing date becomes the relative’s priority date, their place in line. The Department of State publishes a monthly Visa Bulletin showing which priority dates can move forward. Also, the line moves at different speeds for different countries. Categories can also change during the wait, for example when a permanent resident sponsor naturalizes, or a child marries or turns 21.
Each route has its own page: the marriage green card for spouses, parent and child petitions, and sibling petitions. In addition, a US citizen engaged to someone abroad can use the K-1 fiancé(e) visa to bring a partner here for the wedding.
Can your relative get a green card without leaving the United States?
A relative who entered the United States lawfully and has a visa available can often become a permanent resident without leaving, through adjustment of status. Otherwise, a relative abroad, or one who cannot adjust, finishes the case at a US embassy or consulate.
Adjustment of status uses Form I-485 and ends with an interview at a USCIS field office. Immediate relatives of US citizens can usually adjust even after overstaying a visa. The condition is that immigration officers inspected and admitted or paroled them when they entered. Our guide to overstaying a visa and marrying a US citizen covers the most common version of that situation.
Consular processing runs through the National Visa Center and ends with an interview abroad, including at the US Embassy in Yerevan for relatives living in Armenia. The relative then arrives as a permanent resident.
A relative who has spent time in the United States without status can trigger a three- or ten-year bar by leaving for a consular interview. I-601 and I-601A waivers exist for some families. Still, a family immigration lawyer should check whether one fits before anyone travels.
How long does family immigration take?
Family immigration takes about a year for some immediate-relative cases and many years for preference categories. For siblings from some countries, it takes well over a decade. The category sets the outer limit; the agencies set the pace within it.
- Petition USCIS decides the I-130 and confirms the relationship.
- Visa availability Immediate relatives move straight on. Preference relatives wait for their priority date.
- Green card application Adjustment of status in the United States, or consular processing abroad.
- Interview and decision An officer reviews the case, and the relative becomes a permanent resident on approval or on entry.
The government sets processing times and changes them without notice. For that reason, a family immigration lawyer should give you a realistic range for your own facts at the consultation, including the slow version.
What does sponsoring a relative commit you to?
Sponsoring a relative commits you to support them financially through Form I-864, the Affidavit of Support. In other words, it is an enforceable contract with the federal government, not a formality.
The sponsor’s household income has to meet a threshold tied to the federal poverty guidelines. If it falls short, however, assets can count, or a joint sponsor can sign a second affidavit. The obligation generally continues until the relative becomes a US citizen, earns credit for 40 quarters of work, leaves the United States permanently, or dies. A divorce does not end it.
What documents does a family petition need?
A family petition needs proof of the sponsor’s status and proof of the relationship, and every foreign-language document needs a certified English translation. The exact list depends on the relationship.
- The sponsor’s status A US passport, naturalization certificate, US birth certificate, or green card.
- The relationship Birth certificates for parent and child petitions; both siblings’ birth certificates for sibling cases; a marriage certificate and evidence of a shared life for spouses.
- Earlier marriages Divorce decrees or death certificates ending every prior marriage on both sides, where a marriage is part of the case.
- Name changes Records linking every name a person has used, so that documents from different decades clearly refer to the same person.
Records issued in Armenia, Russia and other former Soviet republics are often reissued years later, sometimes with different spellings. You can explain those differences, but you need to explain them before an officer asks. Because of this, a family immigration attorney usually reviews the whole document set before anything is filed.
What can go wrong in a family immigration case?
Most family cases that stall or fail do so over something visible before filing. Usually it is a gap in immigration history, a document problem, or a change in the family’s circumstances.
- Unlawful presence and entry Entering without inspection, or overstaying and then leaving, can close the inside route or trigger a bar on returning.
- Documents that do not line up Birth and marriage records with different spellings, divorces that were never finalized, and translations that miss details all lead to delays.
- Aging out A child who turns 21 during a long wait may lose the child category, although the Child Status Protection Act protects many.
- Changes in marital status A marriage or divorce while a petition waits can move it to another category, or end it.
- Traveling at the wrong moment Leaving the country while an adjustment application is pending, without advance parole, generally abandons it.
What does family immigration cost with this firm?
As a family immigration lawyer in California, Ani A. Petrosyan quotes every family matter as a flat fee, agreed in writing before any work begins. The fee does not change because the government takes longer than expected. Meanwhile, USCIS and the Department of State set the government filing fees, and you pay them separately, directly to the government. The fees and consultations page explains how the firm sets the flat fee.
The first consultation is free and takes about thirty minutes. You can meet in person, by phone or by video, in English, Armenian, Russian or Spanish.