A U.S. citizen may apply for Permanent Residence (Green Card) for an immediate relative.
The following are considered an immediate relative:
The sponsor must commit to financially supporting their immediate family member and submit an affidavit of support. They must have the means to support their household at 125% of the federal poverty level.
If the sponsor does not meet the income requirements, they may use a co-sponsor.
The sponsor must be domiciled in the United States, meaning they must live in the United States or must demonstrate that they plan to return to the United States with their foreign-born spouse.
Family-based immigrant visas allow U.S. citizens or lawful permanent residents to sponsor certain relatives to immigrate and live permanently in the United States.
A U.S. citizen can sponsor a spouse, unmarried child under 21, parent (if the citizen is at least 21) or a sibling (if the citizen is at least 21). A lawful permanent resident (green card holder) can sponsor a spouse or unmarried child.
There are two main types: Immediate Relative visas (for very close family relationships and with no annual numerical limit) and Family Preference visas (for more distant relations, subject to annual caps).
The sponsor must file a petition (such as Form I-130) with the USCIS on behalf of the eligible relative, and once approved the relative may proceed with consular processing or adjustment of status.
For the Immediate Relative category, there is no annual limit on the number of visas. For the Family Preference categories, there are annual limits and wait times may apply.
Extended family such as aunts, uncles, cousins generally do not qualify under the main family-based immigrant visa categories.
Yes. Once the immigrant visa is issued and the beneficiary enters the U.S., they may become a lawful permanent resident (Green Card holder), live permanently, and work in the United States.
