A U.S. citizen may petition for, or “sponsor,” the following family members to become permanent residents (“green card” holders) of the United States:

• • Spouse
• • Parents
• • Children
• • Siblings
• • Fiancé(e)

U.S. citizens must be at least 21 years of age to sponsor parents and siblings.

“Immediate relatives” of a U.S. citizen, defined as one’s spouse, unmarried children under the age of 21, and parents, always have a visa number immediately available. Those family members who are not considered immediate relatives may be in what is called a “family preference category.” These relatives include unmarried sons or daughters over age 21, married children of any age, and siblings. Congress has limited the number of relatives who may immigrate under these preference categories each year so there is usually a waiting period before an immigrant visa number becomes available.

Spouse of a U.S. Citizen

U.S. citizens have two ways to bring a foreign spouse to the United States to live. The first is to apply for an immigrant visa for a spouse of a U.S. citizen at the appropriate U.S. consulate abroad. The second is to apply for a K-3 nonimmigrant visa for the foreign spouse. After the K-3 visa process has been completed and the visa is issued, the foreign spouse may travel to the United States to wait for the processing of the immigrant visa case. For more information on obtaining a K-3 visa, please visit K Visas for Fiancé(e) or Spouse of U.S. Citizen.

In both cases, the U.S. citizen petitioner must first file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). The I-130 petition must be accompanied by documentary evidence of the existence of a spousal relationship and evidence of the U.S. citizen sponsor’s citizenship. Additionally, USCIS requires extensive evidence that the married couple’s relationship is bona fide, or genuine. A marriage entered into solely for immigration purposes is a crime for both parties, and bars the foreign national forever from having a visa petition approved on his or her behalf. While many family petitions involve long waiting lines for visa numbers to become available, there is no visa number wait time for spouses of U.S. citizens because they are considered “immediate relatives.” Processing times for these petitions vary, but usually take several months to approve. Once a petition is approved, the foreign national spouse may then apply for an immigrant visa at a U.S. consulate abroad, which allows him or her to become a permanent resident of the United States (“green card” holder) after entering the U.S. pursuant to the immigrant visa. Or, if eligible, the foreign national spouse may concurrently apply to adjust status to permanent resident while present in the United States.

If the foreign national spouse was admitted as a lawful permanent resident within the first two years of marriage, the green card is typically “conditional” for two years and the marriage must be re-evaluated before the foreign national will be granted a “permanent” green card. This process is known as a Petition to Remove Conditions on Residence (Form I-751), and must be filed with USCIS during the 90 days immediately prior to the second anniversary of becoming a permanent resident. If the petition is not filed on time the foreign national’s permanent residence will be considered revoked as of the date the two-year green card expires, and the foreign national may be subject to removal or deportation.

Parent of a U.S. Citizen

A U.S. citizen who is at least 21 years of age may petition for, or “sponsor,” a foreign national parent to become a permanent resident (“green card” holder) of the United States. The immigration of a foreign national parent of a U.S. citizen is initiated by the filing of an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). The I-130 petition must be accompanied by documentary evidence of the existence of a parent/child relationship and evidence of the U.S. citizen sponsor’s citizenship. In addition, if a U.S. citizen is sponsoring a father, the parents’ marriage certificate is required to show that the mother and father were married prior to the U.S. citizen child’s birth. However, if the parents were not married at the time of the birth, the sponsoring U.S. citizen child must prove that he or she was “legitimated” prior to reaching the age of 18, or that a bona fide father-child relationship existed before the child turned 21.

A U.S. citizen who is at least 21 years old may also sponsor a stepparent as long as the marriage between the parent and the stepparent took place before the U.S. citizen child’s 18th birthday. Similarly, an adoptive parent may be sponsored as long as the adoption took place before the U.S. citizen child’s 16th birthday and the child lived with the adoptive parent in his or her legal custody for at least two years. Processing times for these petitions vary, but usually take several months to approve. Once the I-130 petition is approved, the foreign national parent may then apply for an immigrant visa, which allows him or her to become a permanent resident of the United States (“green card” holder) after admission to the United States pursuant to the immigrant visa. Or, if eligible, the foreign national parent may concurrently apply to adjust status to permanent resident while present in the United States.

Child of a U.S. Citizen

U.S. citizens may petition for, or “sponsor,” their foreign national children to become permanent residents (“green card” holders) of the United States. The immigration of a foreign national child of a United States citizen is initiated by the filing of an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). The I-130 petition must be accompanied by documentary evidence of the existence of a parent/child relationship and evidence of the U.S. citizen sponsor’s citizenship. In addition, if a child is born out of wedlock and the father is the U.S. citizen sponsor, the father must prove that the child was “legitimated” before the age of 18 or that a bona fide father-child relationship existed before the child turned 21. U.S. citizens may sponsor stepchildren as long as the marriage between the parents took place before the child’s 18th birthday. A U.S. citizen may also sponsor an adopted child if the child meets the USCIS definition of an orphan, or if the child has lived with the sponsoring parent for a minimum of two years in that parent’s legal custody.

In many family-based immigration categories (“preference categories”), there are long waiting lines, sometimes several years long, before the sponsored individual may obtain permanent resident status. The main factors in determining the length of time a child must wait to become a permanent resident are the child’s age and marital status. The unmarried, minor children (under 21) of a U.S. citizen are considered “immediate relatives” and do not need to wait for visa numbers to become available before applying for permanent resident status. However, unmarried children over 21 (Family-Based 1st Preference) and married children of any age (Family-Based 3rd Preference) must wait for visa numbers to become available before they may apply for permanent resident status. Children who fall under these “preference categories” must have an approved I-130 petition before they can apply for an immigrant visa at a U.S. consulate abroad or apply to adjust status to permanent resident in the United States.

It is important to note that the enactment of the Child Status Protection Act (CSPA) in 2002 may protect an individual’s immigration classification as a “child” (an unmarried person under the age of 21) when that individual turns 21 due to large backlogs and excessive processing times for visa petitions. Under the CSPA, a child’s age is “locked in” at the time the I-130 petition is filed with USCIS, for any petition that was pending on or filed after August 6, 2002 when the CSPA went into effect.

Sibling of a U.S. Citizen

A U.S. citizen who is at least 21 years of age may petition for, or “sponsor,” a foreign national sibling to become a permanent resident (“green card” holder) of the United States. However, the waiting period for visa availability can be more than ten years. For those born in Mexico and the Philippines, the wait is much longer. We recommend that immigration counsel be consulted before a visa petition is filed so that an individual’s eligibility for admission through other avenues can be explored.

The immigration of a foreign national sibling of a U.S. citizen is initiated by the filing of an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). The I-130 petition must be accompanied by documentary evidence of the existence of a common parent and evidence of the U.S. citizen sponsor’s citizenship. Half-siblings, sharing one common parent, qualify; however, this relationship must be proven by specific documentary evidence such as birth certificates showing a common parent. If the sibling relationship is created through a common father, and one or both siblings were born out of wedlock, the siblings must have been “legitimated” before the age of 18, or an ongoing bona fide father-child relationship must be shown. Step-siblings may also qualify if the marriage creating the stepchild relationship of each sibling to his or her stepparent occurred before the stepchild’s 18th birthday.