Bringing your spouse, children, parents or siblings to the United States
A U.S. citizen or lawful permanent resident (green card holder) can petition for certain relatives to immigrate. For many families this is the most direct route to a green card, but the rules on who qualifies, how long the wait is, and where the case is processed depend on the exact relationship and on the relative's immigration history.
A green card lets you live and work permanently in the United States, and after a waiting period it can lead to U.S. citizenship. Usher Law Group helps sponsors and relatives in New York and New Jersey through each stage of the process.
Who can sponsor whom
Relatives fall into two groups. Immediate relatives of U.S. citizens are not subject to annual visa limits, so they do not wait for a visa number once the petition is approved:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens, if the citizen is at least 21
Family preference relatives are subject to annual limits and often wait years for a visa number to become available:
- First preference (F1): unmarried sons and daughters, 21 or older, of U.S. citizens
- Second preference (F2A): spouses and unmarried children under 21 of permanent residents
- Second preference (F2B): unmarried sons and daughters, 21 or older, of permanent residents
- Third preference (F3): married sons and daughters of U.S. citizens
- Fourth preference (F4): brothers and sisters of U.S. citizens, if the citizen is at least 21
Permanent residents cannot petition for parents, siblings or married children. Grandparents, grandchildren, aunts, uncles and cousins cannot be sponsored directly by anyone. Same-sex spouses are treated the same as any other spouse.
How the process works
- The petition. The sponsor files Form I-130, Petition for Alien Relative, with USCIS to prove the qualifying relationship. For marriage cases, USCIS also looks at whether the marriage is genuine.
- Waiting for a visa number (preference categories). The filing date of the petition becomes the relative's priority date. The State Department's Visa Bulletin shows when a priority date becomes current.
- Applying for the green card. A relative who is in the United States and eligible may apply to adjust status with Form I-485. Eligibility often depends on how the person entered and whether they have maintained status, so this needs to be checked before filing. A relative abroad goes through consular processing with the National Visa Center and an interview at a U.S. embassy or consulate.
- Financial support. Most family-based cases require the sponsor to file an Affidavit of Support (Form I-864) showing enough income or assets, sometimes with a joint sponsor.
- Interview and decision. USCIS decides whether an interview is required for an adjustment case; consular cases generally include one. See our page on the green card application process.
Conditional green cards and Form I-751
If the marriage was less than two years old when permanent residence was granted, the spouse receives a conditional green card valid for two years. To keep permanent residence, the couple generally files Form I-751, Petition to Remove Conditions on Residence, together during the 90 days before the card expires, with evidence that the marriage is ongoing and genuine. USCIS may schedule an interview.
If the marriage ended in divorce or annulment, the U.S. spouse died, or the resident spouse was abused, the resident may be able to ask USCIS to waive the joint filing requirement. A waiver may also be based on extreme hardship. Abused spouses should also read about VAWA self-petitions.
How we help
- Confirm the correct category and whether the relative can adjust status here or must process abroad
- Review prior entries, overstays, removal orders and criminal history for risks before filing
- Prepare the I-130, I-485, I-864 and supporting evidence, and respond to Requests for Evidence
- Prepare the couple or family for the interview
- Handle I-751 filings and waivers, including cases after divorce or the death of a spouse
What to gather now
- Proof of the sponsor's citizenship or permanent residence
- Birth, marriage and divorce certificates showing the relationship
- The relative's passport, visas, I-94 record and any prior immigration filings
- The sponsor's recent tax returns and proof of income
- For marriage cases: joint lease or deed, joint accounts, insurance, photos and other evidence of a shared life
For common problems families run into, see our article on challenges in family-based immigration.
Frequently asked questions
Can a green card holder sponsor a parent or sibling?
No. Only U.S. citizens can petition for parents, brothers and sisters, and married sons and daughters, and the citizen must be at least 21 to petition for a parent or sibling. A permanent resident can petition for a spouse and unmarried children, and may be able to sponsor other relatives after becoming a citizen.
Can my spouse get a green card without leaving the United States?
Possibly. A spouse who is in the United States may be able to adjust status on Form I-485 if eligibility requirements are met, which often depends on how the spouse entered and their immigration history. Some spouses must instead process through a consulate abroad and may need a waiver first. This should be reviewed before anything is filed or anyone travels.
What happens if my child turns 21 while the case is pending?
Turning 21 can move a child from the immediate relative category into a preference category with a longer wait. The Child Status Protection Act can protect some children by adjusting how their age is calculated. Whether it helps depends on the dates in your case, so bring the petition receipt and approval notices.
We divorced before the conditional green card expired. What now?
You may be able to file Form I-751 on your own and ask USCIS to waive the joint filing requirement, showing that you entered the marriage in good faith. Evidence of the shared life during the marriage is important. Do not let the conditional card expire without filing.