Immigration through relatives

In this newsletter, we would like to briefly explain how to get a green card through a relative in the US. There are many rumors about this, e.g. that an uncle or an aunt in the US makes you eligible to apply for immigration. While this is, unfortunately, not the case, there are a lot of ways for relatives to immigrate. There is a big difference between the processes of a US citizen applying for immigration of a relative and a green card holder applying for immigration of a relative. So we would like to briefly introduce you both topics.

Sponsorship by a US citizen

The immigration process for a relative usually starts with the US citizen submitting the I-130 petition to the INS. In case the relative lives outside the US, the petition can be filed with the local US embassy or consulate, department: immigration services. The person filing the petition for the relative is referred to as the sponsor. The priority date is the date the petition is filed with the INS. A US citizen can petition for his or her spouse, children or parents.

The following deadlines apply here:

Spouse: will get the green card immediately
Child under 21, unmarried: will get the green card immediately
Child over 21, unmarried: Category F-1 (see Visa Bulletin)
Child over 21, married: Category F-3
Mother or father: very long waiting times mostly, but possible
Siblings: Category F-4, sometimes waiting times of up to 10 years and more
Uncle, aunt, grandparents: no sponsorship possible

The spouse, the children (under 21 and unmarried) and the parents of a US citizen count as immediate relatives. Immediate relatives of a US citizen are not subject to any cap, i.e. there is no limitation on how many of them a US citizen may bring to the US. That's why they don't appear in the Visa Bulletin, because the quota system of the priority categories is not important for these categories. You will be granted permanent residence in the US without any kind of limitation in number or according to countries.

What is the basic procedure for submitting the petition for immediate relatives?

The US citizen, acting as the sponsor, submits a petition to the INS for every relative he or she would like to bring to the US, together with documentation of the family relationship and the proof of his or her US citizenship. If the petition is approved, the beneficiary can apply for a green card at the US consulate, or, if he or she is already in the US, apply for adjustment of status at the INS to become a permanent resident. Again, there is no cap on these visas.

A US citizen can also sponsor his or her son or daughter if they are over 21 and married. He or she can also sponsor his brother or sister. However, they are not regarded as immediate relatives and are thus subject to the quota system of the priority dates. The children under 21 are in the first priority category (F1), married children of any age are in the third category (F3) and siblings in the fourth category (F4).

At present, the F1 category for unmarried children over 21 of US citizens has a processing backlog of about 18 months. Married children have to wait about 4 years. Brothers and sisters (F4) have to wait about 10 years or more, so that this is only a long-term option. For persons born in China, Mexico or the Philippines may have to wait even longer, find more information in the Visa Bulletin.

Do you have to submit separate petitions for all family members?

There is a derivative status for the families of people who have been sponsored. That means spouses and children will get their own green card without a separate petition. So is a US citizen sponsors his married daughter (F3), not only she, but also her husband and children will get a green card.

However, this only applies to the priority categories of family-based immigration. Immediate relatives can not pass on a derivative status, since they are not in the system of priority categories. That's why the US citizen must file a separate petition for each immediate family member he wants to bring to the US.

Sponsorship through a permanent resident (a foreigner with a green card)

What family members can be sponsored by a green card holder?

A permanent resident can sponsor his or her spouse or his unmarried children of every age. A green card holder cannot sponsor his or her parents or married children.

The following categories and deadlines apply:

Spouse: Category F2 A
Children under 21, unmarried: Category F2 A
Children over 21, unmarried: Category F2 B (very long waiting times)
Child, married, no matter what age: no sponsorship possible, no green card can be issued!

For parents, siblings and all other relatives, no green cards can be obtained.

The permanent resident as the sponsor submits the petition for the spouse or the child to the INS, together with proof that he has the status of legal permanent resident. An approval of the petition means that the sponsored person and his or her family can apply fro a green card at the US consulate. In case they are already in the US, they can apply for adjustment of status at the INS.

Since petitions of a permanent resident fall under the priority categories of family-based immigration, the family of the sponsored person can get derivative status. With this, they can get green cards, without the green card holder having to file separate petitions for each of them.

One example: If a permanent resident sponsors his wife (Family 2A), not only his wife will get a green card, but also all of his wife's children who are under 21 and unmarried, and all of them on the basis of the sponsorship for the wife. Usually, the wife's children will always be the sponsor's children, but they don't have to be.

Usually, a permanent resident will only sponsor his child separately if he isn't sponsoring the child's mother as well.

What are the priority categories for the sponsored persons?

Husbands and wives of a permanent resident will be in the Family 2A (F2A) category, unmarried children under 21 will be in the F2A category as well. Children of a permanent resident over 21 will be in the F2B category.

(Please note: a permanent resident cannot sponsor a married child.)

For the F2A category, waiting times are about 4 years at present, the F2B category has waiting times of about 6 years.

Can the priority categories change?

Yes, they can.

If a permanent resident who is sponsoring relatives becomes a US citizen, the relatives will move into the priority categories for relatives of US citizens. So either into the category for immediate relatives (no waiting times) or the F1 and F3 categories.

Whenever the child of a permanent resident turns 21, he or she will already fall back into the F2B category, which has longer waiting times. Whenever a child gets married, it will move from the F2A or F2B category to ‘unqualified.' A permanent resident cannot sponsor a married child.

How is the priority date assigned?

The priority date is the date on which the petition is filed with the INS or the US consulate. Family members who are entitled to a derivative status will get the same priority date as the sponsored person. Whenever the priority category changes (e.g. when the sponsor becomes a US citizen), the petition will keep the same priority date in the new category.

(In the next newsletter: green card through marriage or investment.)