U.S. citizens may petition for permanent resident status, or green cards, for spouses, parents, children and siblings, and permanent residents may also petition for spouses and children. The petitioner is typically also known as the “sponsor,” while the family member seeking permanent resident status is known as the “beneficiary.” This type of visa application is initiated by filing a Petition for Alien Relative (Form I-130) and providing necessary supporting documentation and evidence required by the U.S. Citizenship and Immigration Services (CIS) (click here for official form and instructions).
While many family visa applications are filed without the assistance of an attorney, fully and properly completing the application, navigating the application process, properly responding to information requests, and overcoming evidentiary hurdles that can arise in certain cases can be complex and require specialized legal knowledge. Often, hiring qualified legal counsel can mean the difference between the grant of a visa and a denial as mistakes made in the initial filing or when responding to subsequent requests for information by CIS can be difficult to overcome.
Who is eligible to sponsor a spouse?
If you are either a U.S. citizen or a permanent legal resident, you are eligible to petition to bring your spouse to live and work permanently in the United States.
Who is eligible to sponsor a child?
If you are either a U.S. citizen or a permanent legal resident, you are eligible to petition to bring your minor children or unmarried children over 21 years old to live and work permanently in the United States. In addition, if you are U.S. citizen you are also eligible to petition to bring your married children, their spouses and children to live and work permanently in the United States. In addition to biological children, in some cases you may be able to sponsor adopted or stepchildren. For stepchildren, the petitioner and the child’s biological or legal parent (spouse of the petitioner) must be legally married before the child’s 18th birthday.
Who is eligible to sponsor a parent?
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States.
Who is eligible to sponsor a sibling?
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States. Siblings may include half-siblings and step-siblings. Lawful permanent residents are not eligible to bring their siblings to the live and work permanently in the United States. You do not need to file separate visa petitions for your brother or sister’s spouse or unmarried, minor children. Any child under 21 is considered a minor.
How do I bring my relative to United States?
First, you must file a petition to sponsor your relative with CIS, who must then approve the petition. Based on the approved petition, your relative can apply for an immigrant visa with the U.S. consulate in the country where they are located, but only if a visa number is available for the category of their visa petition or if they are not subject to a visa number requirement. If your relative is already in the United States, they may be eligible to remain in the U.S. and apply for permanent residence without having to leave.
How do I file the visa petition?
Family visa petitions are initiated by the filing of a Form I-130 (Petition for Alien Relative). Click here for the official form and instructions. You do not need to file separate applications for your brother or sister’s spouse or unmarried, minor children. Any child under 21 is considered a minor. The petition process and requirements vary depending upon the relationships and circumstances involved.
CIS will notify you if the I-130 petition is approved or denied. If it is approved, your brother or sister will be notified when a visa number is available. If your sibling is outside the country, they must then go to the local U.S. consulate to complete visa processing. If your brother or sister is legally inside the United States when a visa number becomes available, they should apply to adjust to permanent resident status.
How do I know when a visa number is available?
Certain categories of family members are considered immediate relatives and do not require a visa number. Immediate relatives are parents, spouses and minor children of U.S. citizens. All other categories of family members are subject to visa number availability. These are called preference categories. The Department of State publishes a Visa Bulletin that shows the visa number availability for each preference category each month. When a visa number becomes available depends on the date of filing of the petition, known as the “priority date,” and the preference category.
Will my relative be able to acquire a work permit?
Applicants who are inside the United States and have filed CIS Form I-485 (Application to Register Permanent Residence or Adjust Status) (official form and instructions available here) are eligible to apply for a work permit while their case is pending. Your relative should use CIS Form I-765 (Application for Employment Authorization) (official form and instructions available here) to apply for a work permit. They do not need to apply for a work permit once they are granted an immigrant visa or adjust to permanent resident status. As a legal permanent resident, your relative should receive a permanent resident card that will provide evidence that they have the right to live and work in the United States permanently. If your relative currently resides outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that your sibling is allowed to work until a permanent resident card is created.
Can I appeal the denial of a visa petition?
Yes. If the visa petition you filed for your relative is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. You should promptly consult with a qualified immigration attorney to help you fully understand and protect your rights in the event of a visa denial.
If you have questions about sponsoring a family member or need legal advice or help filing a family visa petition, obtaining a work permit for a family member, or appealing the denial of a family visa petition, contact the Atlanta, Georgia immigration attorneys at Brownstein & Nguyen LLC today for a free consultation. We have over 20 years of experience successfully representing clients in all aspects of immigration law. Click here to see what our clients say about our experience and dedication in handling their legal matters.
