Depending on whether you are a permanent resident or citizen of the U.S., you may be restricted from sponsoring certain family members. Permanent residents of the U.S., are only permitted to sponsor their,
- Spouse
- Unmarried children under 21
- Unmarried sons or daughters of any age
However, if you are a citizen, you will be able to sponsor you,
- Spouse
- Unmarried children under 21
- Sons or daughters of any age
- Children of your spouse
- Parents
- Siblings
- Fiancée
The form that initiates the process is Form I-130, Petition for Alien Relative. If your relative is in the U.S. already, they may file Form I-485, Application to Register Permanent Resident or Adjust Status.
What does it mean to petition?
When you, a citizen or permanent resident of the U.S., petition your family member with Form I-130, they will be added to a list of people who wish to immigrate to the U.S. When they reach the front of the line of people who want to come to the U.S., and if they meet all the requirements for admission, they will be able to join you.
Once the petition is approved and your relative is in the U.S., they can apply through I-485 to become a permanent resident. It is important to note that, in some circumstances, you will be able to file both forms simultaneously.
The processing times will vary depending on the relationship between you and the person you are sponsoring and whether you are a citizen or permanent resident. For example, the petition for immediate family for U.S. citizens will have special consideration. There are no waiting lists for these classes of people and as soon as the I-130 is approved, they will be invited to apply for their immigrant visa.
If you have any questions or concerns regarding your family sponsorship, contact Akrami & Associates today. One of our legal professionals are always ready to assist you.