Family Sponsorship: Navigating the Path to a Family-Based Green Card

Family Sponsorship: Navigating the Path to a Family-Based Green Card

The United States has long stood as a beacon of hope and opportunity for individuals around the world, and for many immigrants, the prospect of reuniting with their families in the U.S. is a deeply cherished dream. Family–based immigration, specifically through family sponsorship, provides a vital avenue for those seeking to obtain a green card and establish permanent residency in the country. In this comprehensive guide, we will delve into the intricacies of family sponsorship, exploring eligibility criteria, the application process, and the steps involved in securing a family-based green card.

Understanding Family-Based Immigration

Family–based immigration is a cornerstone of the U.S. immigration system, reflecting the nation’s commitment to the values of family unity and reunification. U.S. citizens and lawful permanent residents (green card holders) have the privilege of sponsoring certain family members to join them in the United States. The family-based immigration system is broadly categorized into Immediate Relatives and Family Preference Categories.

1. Immediate Relatives: This category includes close family members of U.S. citizens, and there is no numerical limit on the visas available. Immediate relatives encompass:

• Spouses of U.S. citizens
• Unmarried children under the age of 21 of U.S. citizens
• Parents of U.S. citizens (if the sponsor is at least 21 years old)

1. Family Preference Categories: These categories cater to more distant relatives of U.S. citizens and certain relatives of lawful permanent residents. Visas in these categories are subject to annual numerical limitations, and there are four preference categories:

• F1: Unmarried sons and daughters of U.S. citizens and their minor children (limit: 23,400)
• F2: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of lawful permanent residents (limit: 114,200)
• F3: Married sons and daughters of U.S. citizens and their spouses and minor children (limit: 23,400)
• F4: Brothers and sisters of U.S. citizens and their spouses and minor children (limit: 65,000)

Eligibility for Family Sponsorship

Before embarking on the family sponsorship journey, it is crucial to understand the eligibility criteria for both sponsors and beneficiaries. The sponsor (or petitioner) is the U.S. citizen or lawful permanent resident petitioning for their family member, while the beneficiary is the family member seeking immigration benefits.

• Eligibility for Sponsors:
  • U.S. Citizens: U.S. citizens can sponsor the following family members:

• • • Spouse 
    • Unmarried children under the age of 21 
    • Parents (if the sponsor is at least 21 years old) 
    • Married sons and daughters 
    • Brother and sisters (if the sponsor is at least 21 years old)

• • Lawful Permanent Residents: Lawful permanent residents can sponsor the following family members:

• • • Spouse 
    • Unmarried children under the age of 21
    • Unmarried children over the age of 21
• Eligibility for Beneficiaries:
  • Immediate Relatives: Beneficiaries in the Immediate Relatives category must meet the following criteria:
    • Spouses : Legally married to the U.S. citizen sponsor
    • Unmarried children under 21 : Biological or adopted children who are unmarried, or stepchildren if parents married before the child turned 18
    • Parents: The U.S citizen sponsor must be 21 years old 
• Family Preference Categories: Beneficiaries in Family Preference Categories must meet the criteria for each specific category, and their relationship to the sponsor must be verifiable. For example:
  • F1 : Unmarried sons and daughters of U.S citizens
  • F2A : Spouses and children under age 21 of lawful permanent residents
  • F2B : Unmarried adult children (21 or older) of lawful permanent residents
  • F3 : Married sons and daughters of US citizens
  • F4 : Brothers and sisters of US citizens 

The Family Sponsorship Process

The family sponsorship process involves several steps, including the submission of a petition by the sponsor, the approval of the petition by U.S. Citizenship and Immigration Services (USCIS), and the subsequent application for permanent residence or an immigrant visa by the beneficiary. The process varies depending on whether the beneficiary is living inside or outside the United States.  Here is an overview of the family sponsorship process:

Step 1: Sponsor Files a Petition (Form I-130):

• The U.S. citizen or lawful permanent resident sponsor initiates the process by filing Form I-130, Petition for Alien Relative, with USCIS.
• The form requires information about the sponsor, the beneficiary, and the nature of the relationship.
• Along with the petition, the sponsor must submit supporting documents, such as proof of relationship, marriage certificates, and evidence of the sponsor’s U.S. citizenship or permanent residency.

Step 2: USCIS Processing and Approval:

• USCIS reviews the petition to verify the authenticity of the relationship and the eligibility of both the sponsor and the beneficiary.
• If additional evidence is required, USCIS may issue a Request for Evidence (RFE) to the sponsor.
• Once the petition is approved, USCIS notifies the sponsor, and the case is transferred to the National Visa Center (NVC) if the beneficiary is living outside the United States or is unable to apply for residence inside the United States.

Step 3: National Visa Center (NVC) Processing:

• The NVC processes the approved petition, assigns a case number, and requests additional documentation from both the sponsor and the beneficiary.
• The sponsor submits an Affidavit of Support (Form I-864), demonstrating the financial ability to support the beneficiary.
• The beneficiary completes the immigrant visa application (Form DS-260) and pays the required fees.

Step 4: Consular Processing:

• The case is forwarded to the U.S. embassy or consulate in the beneficiary’s home country.
• The beneficiary attends a medical examination and visa interview at the U.S. embassy or consulate.
• If approved, the beneficiary receives an immigrant visa on their passport.

Step 5: Travel to the United States:

• Once the immigrant visa is issued, the beneficiary can travel to the United States.
• Upon approval, the beneficiary is admitted to the United States as a lawful permanent resident.

Beneficiaries Living Inside the United States

If the beneficiary lives inside the United States, they may need a waiver of unlawful presence.  The beneficiary should speak with an attorney to see if a waiver is required before leaving the United States.

Depending on various factors, including the type of family petition and how the beneficiary entered the United States, the beneficiary might be eligible to apply for a green card or adjust status inside the United States.  This would be a different process than the steps described above.

The Affidavit of Support (Form I-864)

The Affidavit of Support is a critical component of the family sponsorship process, serving as a legal contract between the sponsor and the U.S. government. The purpose of the affidavit is to demonstrate that the sponsor has the financial means to support the intended immigrant and prevent the beneficiary from becoming a public charge.

Key points regarding the Affidavit of Support:

• Financial Responsibility: By signing the affidavit, the sponsor commits to providing financial support to the beneficiary until they become a U.S. citizen, have worked for 40 quarters (10 years), or are no longer a lawful permanent resident.
• Income Requirements: The sponsor must meet certain income requirements, which vary based on factors such as household size and location. If the sponsor’s income is insufficient, they may need to secure a joint sponsor.
• Joint Sponsorship: In cases where the sponsor’s income does not meet the required threshold, a joint sponsor (a U.S. citizen or lawful permanent resident) may provide an additional affidavit to supplement the financial support.
• Verification of Income: The sponsor must provide proof of income, such as tax returns, W-2 forms, and recent pay stubs. If self-employed, additional documentation, such as business tax returns, may be required.
• Consequences of Non-Compliance: Failing to meet the financial obligations outlined in the Affidavit of Support may lead to legal consequences for the sponsor, and the U.S. government may seek reimbursement for any means-tested public benefits provided to the beneficiary.

Conditional Permanent Residency and Removing Conditions

In certain cases, family-based green cards are initially granted with conditional permanent residency which is valid for two years. This typically applies to spouses of U.S. citizens and is intended to prevent fraudulent marriages for immigration purposes. Conditional permanent residents must jointly file a petition (Form I-751) to remove the conditions within the 90-day period before the second anniversary of obtaining permanent residency.

Key points about conditional permanent residency and removing conditions:

• Joint Filing: Conditional permanent residents and their U.S. citizen spouses must jointly file Form I-751 to remove the conditions on permanent residency.
• Exceptional Circumstances: In cases of divorce, the death of the U.S. citizen spouse, or instances of spousal abuse, the conditional permanent resident may be eligible for a waiver of the joint filing requirement.
• Evidence of Bona Fide Marriage: The joint filing requires evidence demonstrating that the marriage was entered into in good faith and not for immigration purposes. This may include joint financial accounts, shared property, and affidavits from friends and family.
• Receipt of 10-Year Green Card: Upon approval of the petition to remove conditions, the conditional permanent resident receives a 10-year green card, providing unrestricted permanent residency.

Family sponsorship serves as a powerful mechanism for families to reunite and build a shared future in the United States. As sponsors and beneficiaries navigate the complexities of the family-based green card process, they contribute to the rich tapestry of the nation’s immigrant story. The journey is characterized by hope, resilience, and the enduring desire for a better life.

While the family sponsorship process involves challenges and requires careful attention to detail, the rewards are immeasurable. Reuniting with loved ones, building a life in a new country, and contributing to the diverse fabric of American society are the outcomes of this shared endeavor. The commitment to family unity, as reflected in family-based immigration policies, underscores the fundamental values that have shaped the United States throughout its history.

As families embark on the path to a family-based green card, they become part of a larger narrative that weaves together the aspirations of generations past and present. The United States, with its history of embracing immigrants, continues to be a land where families can build a foundation for a brighter and more promising future.

In conclusion, family sponsorship encapsulates the essence of the American dream—a dream that transcends borders, cultures, and backgrounds. It is a testament to the enduring power of family ties and the belief that, in the United States, the pursuit of happiness is not just an individual endeavor but a shared journey towards a better life for all.

If you need help navigating the immigration system or support with immigrating your family to the United States, please contact the Law Office of Shara Svendsen today by calling 425-361-1511 or by filling out our contact form.