The U.S. immigration system allows U.S. Citizen and Permanent Residents to sponsor close family members to become permanent residents. The U.S. citizen or permanent resident who sponsors a petition for a family member is referred to as the “Petitioner.” The foreign family member who is being sponsored for an immigration benefit is called the “Beneficiary.” The “Sponsor” is the person signing an Affidavit of Support. Below we outline common questions about the application process.

+ Who can sponsor a relative's green card?

If you are a U.S. citizen, you may petition for a green card for the following relatives:

• Spouse;
• Children, whether married or unmarried, regardless of age;
• Brother or sister, if you are at least 21 years old; and
• Parent, if you are at least 21 years old

If you are a Lawful Permanent Resident, you may only petition for a green card for the following relatives:

• Spouse;
• Unmarried minor children; and
• Unmarried adult children

+ My child was born in the United States and is a U.S. citizen. Can they petition for me to get a green card?

If your child is over 21 years old, he or she may file a petition on your behalf. If you entered the U.S. legally, you may be eligible to apply for your green card without leaving the country. If you entered the country without a visa, the process is more complicated and you may need a waiver of inadmissibility. If you have overstayed your visa or entered the country without a visa, you should contact an immigration attorney before filing any application with USCIS to ensure that you are eligible for a green card.

+ As a U.S. Citizen or Permanent Resident, can I sponsor stepchildren for a green card?

Yes, you may sponsor your stepchildren for permanent residency if your marriage to the child's parent took place before the child's 18th birthday.

+ As a U.S. Citizen can I sponsor stepsiblings and adopted siblings for a green card?

Yes. U.S. citizens can sponsor a brother, sister, stepbrother, stepsister, or adopted brother or sister. You may sponsor adopted brothers and sisters if they were adopted by at least one of your parents before your adopted sibling turned 16 years old. You may sponsor a stepsibling if your parent married their parent before your stepsibling was 18 years old.

+ As a U.S. permanent resident, may I apply for a green card for my sibling or parent?

Permanent residents are not eligible to apply for green cards for their brothers, sisters or parents. Once you become a U.S. citizen, you may sponsor your siblings and parents for permanent residence.

+ How long will my family member’s green card application take to be processed?

Processing times for green card filings for “Immediate Relatives” usually take 9-15 months to be processed. Immediate Relatives are the following:

• Parent of U.S. Citizen who is 21 or older,
• Spouse of U.S. Citizen, and
• Child under 21 of U.S. Citizen.

All other petitions are subject to quotas and processing times can range from one to 20+ years, so please review the Visa Bulletin to determine the approximate wait times for your preference category or consult with an attorney.

+ Does the Petitioner need to be in the United States to sponsor a family member?

The Petitioner generally must live in the United States unless her or she can demonstrate that they intend to return to the United States no later than the immigrant relative.

+ What are my obligations as a Petitioner or Joint Sponsor?

The Petitioner and any Joint Sponsor must sign a legally binding Affidavit of Support on behalf the Beneficiary, guaranteeing that the Petitioner and Joint Sponsor, if any, will maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the Beneficiary has become a U.S. citizen or has worked in the United States for 40 qualifying quarters. These obligations remain even in the event of a divorce.

+ What documents do I need to apply for permanent residency for a family member?

The Petitioner must provide evidence of their legal status as a U.S. Citizen or permanent resident. U.S. citizens may provide a U.S. passport, naturalization certificate or birth certificate. A permanent resident must provide evidence of their green card. The Petitioner also needs to demonstrate a qualifying relationship with the Beneficiary through documentation such as a marriage certificate, birth certificate, adoption papers. The Petitioner and Beneficiary must also prove the dissolution of prior marriages with proof of divorce or death certificates from prior spouses.
The Petitioner must also provide proof of tax filings and current income. The Beneficiary member will have to provide a passport, proof of legal entry, photos, and a medical examination. Additional documentation may be required depending on your specific circumstances, so it’s critical to contact a qualified attorney to assist with the preparation of your case.

+ How much do I need to earn in order to sponsor a family member?

The Petitioner must demonstrate that their household income exceeds 125% of the national poverty level. The minimum income required will vary by the size of the sponsor’s family and the number of immigrants he or she is sponsoring, and the number of immigrants the sponsor has sponsored in the past.

+ If my household income is insufficient, can I still sponsor my family members?

In this situation, you would need to seek a Joint Sponsor who meets income requirements. In addition, you may be able to compensate for the shortfall in income by demonstrating that you have sufficient assets such as savings or equity in property to meet regulatory requirements. In some cases, you may also combine your income with that of other household members.

+ Can my spouse live with me while we apply for a green card?

It depends. There are two ways to apply for a green card, “Consular Process” and “Adjustment of Status.” Consular Process requires the Beneficiary to appear for an interview at their local U.S. Consulate outside the United States. If the Beneficiary has a tourist visa, they may visit the Petitioner while their case is pending, so long as they do not work and otherwise respect the terms of their status. Adjustment of Status (“AOS”) allows the Beneficiary to be interviewed in the United States. AOS is only available to certain Beneficiaries that are already in the United States at the time of application. Should a couple opt for AOS, they will be able to live together while the application is pending. However, in most cases the Beneficiary will not be able to work or travel internationally for up to 7 months from the time their application is filed.

+ What is a Conditional Green Card or Conditional Permanent Residence?

A Conditional Green Card is only valid for two years, and is issued in marriage-based petitions if the marriage occurred less than two years before the approval of the green card. Both spouses need to jointly petition to remove the condition on the green card within 90 days of its expiration. Failure to do so will result in the termination of conditional permanent residence. Should the spouses separate or divorce before conditions on the green card have been removed, the immigrant may request a waiver of the requirement to jointly file.

+ Can I sponsor my fiancé if we are not yet married?

Yes, a fiancé(e) or K-1 visa is available to foreign citizens who want to enter the United States to marry a U.S. citizen. The U.S. citizen must file a petition with USCIS. Once approved, the immigrant fiancé(e) applies for the K-1 visa at a U.S. Consulate overseas. The immigrant has to marry the U.S. citizen within 90 days after the immigrant enters the United States on the K-1 visa and the apply for Adjustment of Status.

+ What is the benefit of working with Maria Saenz Law on my case?

Expertise: Maria Saenz has over a decade of experience working on family based immigration matters and take the guesswork out of this complex process. We prepare your applications based on proven methods and provide in-depth preparation for interviews, anticipating potential pitfalls.

Knowledge: Immigration law is highly complex and every case is unique. Improper filings can have severe consequences. We provide honest and individualized advice taking into account your personal circumstances to ensure that you are well informed about the process and potential risks.

Time Savings: The best way expedite your green card application is to file it properly. A filing that is incomplete will be subject to lengthy administrative delays, that could delay your work permit and ability to travel internationally.

Cost Savings: Even small mistakes can result in denials of green card applications, which can be very costly and difficult to correct, both in terms of funds and time.

Support: We will support you with your application every step of the way and will be available to answer questions, provide legal advice, and escalate grievances with agencies as your circumstances change.

+ Can Maria Saenz Law assist me if I don't live in Los Angeles or New York?

Yes. Maria Saenz provides services to clients throughout the United States and abroad.