How to Move Your Family to the US (Family-Based Immigration)
Moving your family to the US is a significant step for families, and it can be a daunting task. If you are a US Citizen or a lawful permanent resident, the US immigration system allows you to sponsor certain family members for a green card (granting permanent residence to the beneficiary) by applying for an immigrant visa. This process requires you (the petitioner) to satisfy multiple legal requirements before your relative (the beneficiary) can be sponsored. The information below highlights the general requirements and processes for how to sponsor family members.
If you are looking to bring your foreign fiancé(e) to the US, the process slightly differs. Click here for more information about sponsoring a fiancé(e).
Types of Petitions
There are multiple types of family petitions a person can file. Knowing which petitions are right for you is the first step in the process and will lessen any anxiety you may have. The type of petition that should be filed changes based on the status of the petitioner and their relationship to the beneficiary. The first category of petitions is for immediate relatives. The second category is called the family preference categories.
Immediate Relatives
Under this category, US Citizens may sponsor close family members to come to the US. There are no annual limits in the number of visas issued under this category.
The relationships that fall under immediate relatives are:
- spouses (IR-1/CR-1);
- children under the age of 21 (IR-2/CR-2); and
- parents (IR-5).
Family Preference Categories
Under the preference categories, US Citizens and lawful permanent residents may sponsor certain relatives that do not fall within the immediate relatives category. Immigrant visas issued under this category have annual limits. In practice, this has created long delays. Applicants can wait up to several years before their applications are processed and approved.
The relationships that are included in the preference categories are:
- a US citizen’s unmarried children over the age of 21 (FB-1);
- a lawful permanent resident’s spouse and any children under the age of 21 (FB-2A);
- a lawful permanent resident’s unmarried children over the age of 21 (FB-2B);
- a US citizen’s married children (FB-3);
- a US citizen’s siblings (FB-4).
Process
Step 1—File form I-130: In order to petition for a relative you must first file form I-130 with USCIS which proves the qualifying relationship between you and your relative. You will therefore be required to provide evidence of your relationship by providing, for example, your marriage certificate or child’s birth certificate. The I-130 is also intended to demonstrate your status as a US citizen or a lawful permanent resident. You will be required to provide evidence of your status. If you are petitioning for a spouse, you will also be required to file the I-130A supplement form.
Step 2—Await Approval: After filing form I-130, you need to wait for USCIS to approve your petition. If the petition is approved, your relative may apply for a green card.
Step 3—Applying for a Green Card: There are two ways to apply for a green card. The process you are required to use depends on whether your relative is currently and legally in the US or if your relative is living abroad. If your relative is in the US, your relative may adjust their status by filing form I-485 with USCIS. In contrast, relatives living abroad must go through consular processing with a local US consulate (which is handled by the Department of State instead of USCIS). Click here for more information about adjustment of status and consular processing.
Step 4—Attend Biometrics Appointment: Applicants will be required to attend a short biometrics appointment. At this appointment, USCIS will collect your photograph, fingerprints, and signature in order to verify your identity and complete a background check.
Step 5—Prepare and Attend Interview: All applicants are required to attend an interview. This is interview is intended to review information provided and determine green card eligibility. The interviewer may ask questions about your application, your family relationship, and any evidence you provided. Some time after the interview, you will be informed of whether your relative’s immigrant visa is approved.