Bring Family to the US 

 

The good news is: when you immigrate to the US you can bring your family with you! However, not all familial relationships may serve as a basis to apply for permanent residency. Under the Immigration and Naturalization Act, there are two primary categories (a) immediate relatives and (b) preference immigrants. 

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Immediate relatives are not subject to numerical limitations. Meaning processing their application takes a relatively short period of time- from five to twelve months. They include: 

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• Spouses of US citizens; 

• Minor unmarried children (under 21); and 

• Parents if the US petitioner is at least 21 years of age.        

 

Preference immigrants are subject to preference provisions that specify the number of immigrant visas allotted to each of the family preference categories. The category affects the waiting period for each type of immigrant. Once the number is reached for a certain fiscal year, applicants need to wait to submit their petitions. The amount of time each applicant waits may be from a few months to a few years. The categories include: 

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• First Preference: unmarried sons and daughters of US citizens who are 21 yrs of age or older; 

• Second Preference: spouses or children of LPRs (2A) and unmarried sons and daughters of LPRs (2B); 

• Third Preference: married sons or daughters of US citizens; and 

• Fourth Preference: Siblings of US citizens, if the citizens are at least 21 years of age. 

 

Processing

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• Forms: 

  • Applicant must submit the appropriate I-130 petition form; 

  • An EAD (Employment Authorization Form) may be filed concurrently with the application

• Where to Process: 

  • If the family member is inside of the United States, they will go through an adjustment of status process in order to obtain their green card. 

  • If the family member is outside of the United States, they will go through consular processing at the US embassy or consulate abroad. 

 

Required Documentation 

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• Proof of the petitioner’s status; 

• Passport photos; 

• Immigration medical examination provided by a USCIS approved medical examiner; 

• Birth certificates; 

  • For spouses: to prove citizenship or country of birth 

  • For parents: may be used to prove parent-child relationship

  • For siblings: may be used to show siblings have at least one parent in common  

• Affidavit of support:  

  • Petitioner must prove they make 125% of the Federal Poverty Guidelines; 

• Marriage certificate and divorce decrees if applicable. 

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Other Documentation

 

Other documentation may be required depending on the type of relative sponsored. If you would like to sponsor a family member, call today at (713) 909-0752 or email at admin@nslawpllc.com to schedule a consultation. 

Ways a petition may terminate: 

Petitions may be filed untimely or contain missing information and therefore become rejected. Other common ways a petition terminates includes: 

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• Divorce 

• Death of the petitioner 

• Petitioner withdraws the application and notifies immigration 

• Lapse