Those legally living in the United States can potentially sponsor family members living abroad for visas and green cards. Naturalized citizens, natural-born citizens and lawful permanent residents can all assist members of their immediate family.
They can sponsor foreign family members if they want to enter the United States legally with a visa and secure a green card to become permanent residents. Understanding the process of sponsoring a family member can help those hoping to reunite with loved ones navigate what can be a relatively complicated process.
Who is eligible?
Only certain family members qualify to become permanent residents through family-based immigration. Those who have close relationships with citizens can qualify for immediate relative visas. Spouses, parents and unmarried children under the age of 21 are potentially eligible for special visas and green cards, provided that they can pass the necessary background check process and fulfill all other requirements.
Both citizens and lawful permanent residents may be able to sponsor family members for family preference visas. Citizens can sponsor additional family members who do not qualify for immediate relative visas. Visas for unmarried children over the age of 21, for married children and for siblings are all available through this program. Lawful permanent residents may be able to sponsor spouses and unmarried children for family preference visas.
Location influences the process
For those who are eligible for family-based immigration and are already present in the United States, the process involves an adjustment of status. Those with family-based visas can qualify for green cards without returning to their home countries for visa processing.
The lawful permanent resident or citizen sponsoring the foreign national must submit a petition to the United States Citizenship and Immigration Services (USCIS). A thorough review occurs, and the family member may then eventually receive a green card.
If the family member is still in another country, the process is substantially different. The foreign national named in an immigration petition submitted by a permanent resident or citizen must apply at the Consulate in their home country for an immigration visa. Consular processing requires a background check, a medical evaluation and an appointment where consular professionals conduct an in-depth interview.
Working with a lawyer is critical, often especially for those already in the country who could be at risk of deportation during the application process. An attorney can also help those still located abroad ensure that all paperwork is accurate and that they meet the eligibility criteria for a green card.
Citizens hoping to support their loved ones may benefit from consulting with an immigration attorney familiar with the unique requirements for family-based immigration green cards. Partnering with an attorney can help to ensure the timely completion of paperwork and may help people avoid common green card pitfalls.