FAMILY GREEN CARD SPONSORSHIP

A very common method of obtaining permanent residence is through a family member who is a US citizen or permanent resident.  The key fact in any family case is determining whether a qualifying family relationship exists.  Qualifying relationships are grouped into two main categories: (1) immediate relatives and (2) other close family members.  Immediate relatives of US citizens are given special preferential treatment, i.e., they are allowed to immigrate in unlimited numbers, which greatly reduces processing time delays.  The following persons qualify as  immediate relatives: spouses; children who are unmarried and under age 21; and parents.

Other close family members of citizens and permanent residents are also allowed to immigrate, subject to annual numerical limitations.  The following are other relatives who are allowed to immigrate, and the annual limits on each category:    

• Unmarried adult children of citizens – 23,400
• Spouses and unmarried children of permanent residents – 114,200
• Married adult children of citizens – 23,400
• Siblings of citizens – 65,000

The family-based immigrant visa petition must include documentation of the qualifying family relationship and of the petitioner’s status as a citizen or permanent resident.  When the application is filed for an immediate relative not subject to annual numerical limitation and the relative is in the US, an application for adjustment of status may be filed at the same time as the petition.

If the petitioner is in the US, the application is filed with either the appropriate USCIS Service Center or BCIS local office.  Applications for immediate relatives are filed with local offices, and those for other relatives are filed with the Service Center.  If the petitioner is outside the US, they may file the application either with the Service Center that had jurisdiction over the place where they last resided in the US or with the overseas BCIS office that has jurisdiction over their overseas residence.  If the petitioner is overseas on US government business, the application is filed in the US. 

If the application is in order and shows the qualifying relationship, and the alien is an immediate relative of a US citizen, the alien can either adjust to permanent resident status or apply for an immigrant visa at a US consulate.  If the alien is not an immediate relative, he or she must wait until a visa number becomes available to either adjust status or apply for an immigrant visa.  In such cases, the priority date is the date on which the USCIS received the complete application. 

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