Managing Attorney
If you’re a U.S. citizen or lawful permanent resident, you may be able to sponsor a family member for a visa or green card. Family-based immigration is one of the most common paths to lawful status in the United States. Still, the process can be intimidating, especially when you’re helping someone you care about begin a new chapter. Each case is different, and the steps you take will depend on your relationship with the person and your own immigration status.
Who You Can Sponsor
The first step is to determine if you’re eligible to sponsor someone and who qualifies under your status.
If you’re a U.S. citizen, you can file a petition for:
- Your spouse
- Your unmarried children under 21
- Your married or unmarried children over 21
- Your parents (if you’re at least 21)
- Your brothers and sisters (also if you’re 21 or older)
If you’re a lawful permanent resident (green card holder), you can petition for:
- Your spouse
- Your unmarried children
Unfortunately, green card holders are not eligible to sponsor parents, married children, or siblings. Some of these relationships fall into a preference category, which can affect how long your family member must wait for a visa to become available.
Immediate Relatives vs. Preference Categories
In immigration law, not all family members are treated the same. The process is quicker for some than for others.
Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents, can apply for a green card as soon as the petition is approved. There’s no annual cap on these visas, so there’s no waiting list once the paperwork is in order.
Other family relationships fall into what’s called the family preference system. These include:
- Unmarried children over 21 of U.S. citizens (F1)
- Spouses and unmarried children of green card holders (F2A and F2B)
- Married children of U.S. citizens (F3)
- Siblings of U.S. citizens (F4)
These categories are subject to annual limits. As a result, there can be long delays, especially for siblings or married children of U.S. citizens.
The Sponsorship Process: Step by Step
Once you know you’re eligible to sponsor a family member, the process generally follows these steps:
1. File Form I-130
This form starts the process by proving your family relationship to the person you’re sponsoring. It’s filed with U.S. Citizenship and Immigration Services (USCIS).
2. Wait for a Decision and Priority Date
For preference categories, your petition will receive a “priority date.” Your family member may have to wait for a visa number to become available before continuing.
3. Apply for the Green Card
Once a visa is available, your relative can apply for a green card. If they’re in the U.S., they may apply through adjustment of status (Form I-485). If they’re outside the U.S., they’ll apply through consular processing.
4. Interview and Final Review
USCIS or a U.S. consulate will schedule an interview. Your relative will need to provide documents showing the relationship is real and that you can support them financially.
Each step has deadlines, fees, and required documents. Mistakes or delays can slow things down, so it’s a good idea to double-check everything.
Financial Requirements and Support Forms
As the sponsor, you must agree to support your relative once they arrive in the U.S. This is done through Form I-864, the Affidavit of Support.
You’ll need to show you earn at least 125% of the federal poverty guidelines for your household size. If your income falls short, you may use assets or ask a joint sponsor, like another family member or household member, to help meet the requirement.
This support obligation remains in place until your relative becomes a U.S. citizen, works for 10 years, or leaves the country permanently.
Common Problems to Watch For
The most common delays occur when paperwork is missing, relationships are unclear, or the sponsor fails to meet the financial requirements. For preference category applicants, long wait times can also be frustrating. Each visa category progresses at its own pace, and some individuals may wait years.
If your family member is already in the U.S. without legal status or has a past immigration issue, you may need legal guidance before proceeding.
Why Choose Zepeda Law Firm
At Zepeda Law Firm, we help Texas families reunite with loved ones from all over the world. Our team understands how personal and emotional this process can be. We work closely with you to make sure your petition is complete, your evidence is strong, and your path forward is clear.
Whether you’re sponsoring a spouse, a child, or a parent, we’ll help you stay organized, meet all deadlines, and avoid unnecessary delays.
Ready to Bring Your Family Closer?
If you want to sponsor a loved one for a visa or green card, Zepeda Law Firm can help. Contact us today to schedule a consultation and take the first step toward reuniting your family.