Family immigration in the United States allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain family members for a visa to come and live permanently in the country.

The U.S. immigration law categorizes family-sponsored immigration into two main groups: immediate relatives and family preference categories. Immediate relatives include spouses, minor children (under 21), and parents of U.S. citizens (over 21).

This category has no annual numerical limit, meaning visas are always available for qualified individuals. In contrast, family preference categories, which cover more distant family relationships like adult children and siblings of U.S. citizens, as well as spouses and unmarried children of LPRs, are subject to annual caps.

The K-1 visa, also known as the fiancé(e) visa, is a nonimmigrant visa that allows a foreign national to enter the United States to marry their U.S. citizen fiancé(e) within 90 days of arrival. This visa is intended for couples who plan to marry and then apply for permanent residency (a green card) for the foreign spouse. To qualify for a K-1 visa, the couple must have met in person at least once within the past two years, unless meeting in person would violate strict cultural or religious customs or result in extreme hardship for the U.S. citizen petitioner. After the marriage takes place, the foreign spouse can apply for adjustment of status to become a lawful permanent resident.

The process of family immigration begins with the sponsoring family member filing a petition with U.S. Citizenship and Immigration Services (USCIS).

‌

What is family immigration sponsorship?

Family immigration sponsorship allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain family members for a green card (permanent residency) in the United States.

‌

Who can sponsor a family member for a green card?

U.S. citizens can sponsor their spouses, children (unmarried and married), parents, and siblings. Lawful permanent residents can sponsor their spouses and unmarried children.

‌

What are the eligibility requirements for the sponsor?

The sponsor must be a U.S. citizen or LPR, at least 18 years old, and able to prove financial ability to support the sponsored family member, typically through the Affidavit of Support (Form I-864).

‌

What are the eligibility requirements for the beneficiary (the family member being sponsored)?

The beneficiary must be a qualifying family member as defined by U.S. immigration laws, pass background checks, and meet health and other admission requirements.

‌

What is the difference between Adjustment of Status (AOS) and an Immigrant Visa (IV)?

These are two separate processes to achieve the same result, a green card to live and work permanently in the United States. Both processes begin with an approved petition from USCIS and then depending on where the applicant is located and their eligibility, they may either apply in the United States (adjustment of status) or via a US embassy abroad (immigrant visa).

‌

Adjustment of Status

For the adjustment of status application, the applicant files Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS). This process allows the applicant to change their immigration status to that of a lawful permanent resident without having to leave the U.S.

‌

Applicants can apply for a work permit (Employment Authorization Document, Form I-765) and a travel document (Advance Parole, Form I-131) while their AOS application is pending.

This allows them to work legally in the U.S. and travel abroad and return without abandoning their AOS application.

‌

Eligibility requirements include having entered the U.S. lawfully (with some exceptions) and meeting all other criteria for the specific immigrant category. The duration can vary but generally takes several months to over a year, depending on the USCIS backlog and specific case details.

‌

Immigrant Visa (Consular Processing)

An Immigrant Visa is for individuals who are outside the United States or those who prefer to complete the process abroad. Once USCIS approves the petition, it is sent to the National Visa Center (NVC) for further processing. The beneficiary then applies for an immigrant visa through a U.S. embassy or consulate in their home country or country of residence. The applicant attends an interview at the U.S. embassy or consulate, where a consular officer reviews the application and supporting documents.

‌

Upon approval, the applicant receives an immigrant visa in their passport and must enter the U.S. within the visa’s validity period. After entering the U.S., they become a lawful permanent resident and will receive their green card by mail.

‌

The process can take several months to a few years, depending on the visa category, country of origin, and processing times at USCIS, NVC, and the consulate.

‌

What is the Affidavit of Support (Form I-864)?

The Affidavit of Support is a legal contract where the sponsor agrees to financially support the immigrant, ensuring they do not become a public charge. The sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size. You can check on the current requirements here: 2024 HHS Poverty Guidelines for Affidavit of Support Exceptions and alternatives, such as joint sponsors or using assets, may apply if the sponsor’s income is insufficient.

‌

What happens if the sponsor cannot meet the financial requirements?

If the sponsor does not meet the financial requirements, a joint sponsor or household member can submit a separate Affidavit of Support to meet the income threshold.

‌

Can a U.S. citizen sponsor a fiancé(e)?

Yes, U.S. citizens can sponsor their fiancé(e) for a K-1 visa, allowing them to enter the U.S. and marry within 90 days. After marriage, the spouse can apply for adjustment of status to become a permanent resident. Read more about this process HERE.

‌

What are common reasons for denial of a family-based green card?

Common reasons include insufficient financial support, criminal history, health issues, immigration violations, or failure to provide required documentation. It’s important to speak with an experienced immigration attorney to understand your risks for a potential denial. Sometimes a waiver for certain violations can be filed in advance to avoid a denial.

‌

Can the beneficiary work while waiting for their green card?

Beneficiaries in the U.S. applying for adjustment of status can apply for a work permit (Employment Authorization Document) while their green card application is pending.

‌

What rights and responsibilities come with a green card?

Green card holders can live and work permanently in the U.S., travel abroad with some restrictions, and apply for U.S. citizenship after meeting certain requirements. They must also comply with U.S. laws and maintain their status.

‌

Can green card holders sponsor their family members?

Yes, green card holders can sponsor their spouses and unmarried children. They cannot sponsor parents, siblings, or married children until they become U.S. citizens.