Family-Based Immigration: Understanding the Sponsorship Process and Eligibility Requirements

22 May 2023

Family-based immigration is a process that allows U.S. citizens and lawful permanent residents to sponsor their family members for immigration to the United States. This can provide a pathway for family members to reunite with their loved ones. Also can help them ultimately obtain permanent residency.

Immediate Family Members

To sponsor a family member for immigration, the sponsor must first be a U.S. citizen or lawful permanent resident. The sponsor also must have an immediate relative who is seeking lawful permanent residency. USCIS defines this as a spouse, parent, or unmarried child under the age of 21. Additionally, a family member who is in a preferred category, such as a married child, sibling, or adult child.

Once eligibility is established, the sponsor must file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). The sponsor and family member use this petition to establish the familial relationship between them. The same form initiates the process of obtaining a visa, which is the next step.

Next Steps

If the family member is in the U.S., they may be able to adjust their status to that of a lawful permanent resident without having to leave the country. If the family member is outside of the U.S., they will need to go through consular processing in order to obtain a visa.

It’s important to note that the sponsorship process can be complex and may require extensive documentation such as birth certificates, marriage certificates, and financial documents. Additionally, the process can take several months or even years to complete, depending on the specific circumstances of the case.

Overall, family-based immigration can provide a pathway for U.S. citizens and lawful permanent residents to reunite with their loved ones in the U.S. However, it’s important to carefully review the eligibility requirements and understand the sponsorship process before beginning the application process. An experienced immigration attorney can assist with navigating the process and ensuring that all requirements are met.