Family-Based Sponsorship for Lawful Permanent Residence
An individual can sponsor another individual for lawful permanent residence if they have a qualifying family relationship, including:
Immediate Relatives
Immediate Relatives are the spouses, children and parents of US citizens. In order for parents to petition for a child, the child must be unmarried and under the age of 21 to qualify. Children may petition for their parents if the petitioning son or daughter is at least 21 years of age. There is no backlog in this category, although there may be processing delays. This category may also include widows of US citizens under certain conditions. Individuals interested in sponsoring a qualifying family member should contact either a reputable immigration lawyer or the local USCIS Office having jurisdiction over their place of residence for further information.
As indicated above, US citizens may sponsor their foreign national spouses for lawful permanent residence. This requires submitting the appropriate forms and supporting documentation to the local USCIS Office having jurisdiction over the couple's place of residence, or to a US consulate abroad, and attending a visa interview with an USCIS examiner. If the couple has been married less than two years when the visa application is submitted, the foreign national will only be granted a two-year period of "conditional residence" status. An application to remove the conditions on this status must then be submitted to the USCIS, and the couple may be required to attend a second interview to establish the validity of their marital relationship. This second application may be submitted up to 90 days before expiration of the foreign national's conditional status, but must be submitted before expiration of the conditional status.
The USCIS has made special provisions for certain difficulties that may arise in the marriage before the end of the two-year conditional period. These include: 1) death of the US citizen spouse; 2) a good faith marriage which ends in a final divorce or annulment; and/or 3) an abusive situation in which the foreign national has suffered extreme emotional and/or physical abuse at the hands of his/her US citizen spouse. Under these circumstances, the foreign national alone may submit an application to remove the conditions on his or her status. In such situations, individuals should consult a reputable immigration lawyer to review their options.
Family Preference Categories
Lawful permanent residence may also be applied for based on the following family relationships:
First Preference: A US citizen may sponsor an unmarried son and/or daughter (at least 21 years of age) for lawful permanent residence.
Second Preference: Lawful permanent residents may sponsor their spouses and unmarried children (under the age of 21) for permanent residence in the Second Preference 2A category. Second Preference 2B is reserved for lawful permanent resident who wish to sponsor their unmarried sons and daughters who are at least 21 years of age.
Third Preference: US citizens may sponsor their married sons and daughters for lawful permanent residence.
Fourth Preference: Adult US citizens may sponsor their brothers and sisters for lawful permanent residence.
All of the above-listed family preference categories have a backlog. Individuals should refer to the State Department Visa Bulletin to check current availability. Some categories may have considerable backlogs of over 10 years. All of the above-listed categories require submission of the appropriate petition and application forms and proof of a qualifying family relationship. In some cases additional documentation may be required, particularly when birth records are incomplete or do not list the appropriate parent. Individuals should consult either an USCIS Office or a reputable immigration lawyer regarding the necessary procedures for sponsorship and documentation of a qualifying family relationship.
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