Many foreign nationals obtain permission to enter the U.S. and obtain a green card through family sponsorship. Parents, children, spouses, and siblings of U.S. citizens or the spouse and unmarried children of permanent residents are eligible to apply for U.S. permanent residency.

In many family-based immigration categories, there are long waiting lines for a visa to become available for qualifying applicants. Waiting periods are set for each family-based preference category according to the country of birth and are released by the U.S. Department of State (DOS) monthly in their publicly viewable “visa bulletin.” Once a visa becomes available, the beneficiary and his or her dependents are eligible to enter or remain in the U.S. as permanent residents.

Petitioners

U.S. Citizen Sponsors: “Immediate relatives” of U.S. citizens include spouses, children under 21, and parents. Immediate relatives are not subject to the family-based preference categories and, therefore, can generally immigrate within a few months to a year.

Siblings, married children, and unmarried children over 21 of U.S. citizens are subject to the preference categories and typically have a longer waiting period before they are eligible to immigrate.

Permanent Resident Sponsors: Permanent residents are eligible to petition for their spouse and unmarried children. These beneficiaries are subject to the preference categories and have a longer waiting period before they are eligible to immigrate.

Application Procedure

The U.S. citizen or permanent resident (the “petitioner”) first files an immigrant visa petition (I-130) with the U.S. Citizenship and Immigration Service (USCIS) or the U.S. consulate abroad. The purpose of the immigrant visa petition is to prove the legal status of the petitioner and the family relationship between the petitioner and beneficiary, or person(s) who wish to immigrate.

Once the I-130 is approved, a “priority date” is issued. The “priority date” is essentially a place in line until a visa becomes available. Once the priority date becomes “current,” as noted on the visa bulletin, the sponsored immigrant may apply for permanent residency.

Preference Categories

Foreign nationals who do not qualify as “immediate relatives” of U.S. citizens are eligible to immigrate if they fall into one of the preference categories listed below. All preference category immigrants are subject to lengthy waiting periods before they are eligible to immigrate.

F1: unmarried children over age 21 of U.S. citizens.
F2A: spouse and unmarried children under age 21 of legal permanent residents
F2B: unmarried children over age 21 of legal permanent residents
F3: married children of U.S. citizens
F4: siblings of U.S. citizens

The Violence Against Women Act (VAWA) allows spouses, children, and parents of U.S. citizens or spouses and children of permanent residents to file for permanent residency without consent from or knowledge of the abuser (who would otherwise be the petitioner).

Approved VAWA self-petitioners are eligible for employment authorization.  Once a visa becomes available, self-petitioners and their beneficiaries may adjust status to permanent resident

The Diversity Immigrant Visa Program makes up to 55,000 visas annually drawn from random selection available to persons who meet certain eligibility requirements from countries with low rates of immigration to the U.S.

Applicants register electronically through the U.S. Department of State (DOS) website during the registration period for the particular year.  Diversity visa applicants are notified electronically if they are selected.  Selected applicants may schedule a consular interview to determine whether they are eligible to immigrate to the U.S.  Selected Diversity Visa applicants who are present in the U.S. may be eligible to adjust status to permanent resident while in the U.S.

If all eligibility requirements are satisfied, the selected applicant, his or her spouse, and any minor children under 21 are authorized to immigrate to the U.S. as permanent residents.

A K-1 visa allows a foreign national to enter the U.S. to marry a U.S. citizen. To qualify, the petitioner must be a U.S. citizen, the petitioner and fiancé must intend to marry within 90 days of the fiancé(e) entering the U.S., and the petitioner and fiancé must have met each other in person within 2 years before the petition is filed, unless the foreign national qualifies for the “violation of custom” waiver.

Children of foreign nationals who receive K-1 status may accompany or later join their parent as K-2 dependents if they are under 21 years old and unmarried.

After marriage, the foreign national spouse may apply for permanent residence and remain in the U.S. while the U.S. Citizenship and Immigration Service (USCIS) processes the application.

A K-3 visa allows foreign nationals who married a U.S. citizen outside of the U.S. to be admitted while they are waiting for the immigrant petition to be approved.

Unmarried children under 21 of K-3 recipients may enter the U.S. in K-4 dependent status.  K-3 and K-4 visas require that the U.S. citizen spouse has already filed immigrant visa petitions on the applicants’ behalf.