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Immigration TALK: How to Petition for a Family Member?

Jun 05, 2011 News

By Attorney Gail S. Seeram, [email protected]
The most common question presented to my office is how to submit a sponsorship petition for a relative.  As a green card holder (permanent resident) and U.S. citizen, you may petition for certain family members to immigrate to the United States as permanent residents.
A green card holder may submit a family-based sponsorship petition for the following family members: (1) spouse (husband or wife), (2) unmarried children under 21, and (3) unmarried son or daughter of any age.
A U.S. citizen may submit a family-based sponsorship petition for the following family members: (1) spouse (husband or wife), (2) unmarried child under age 21, (3) married or unmarried children over age 21, (4) parent, and (5) brothers and sisters.
What is the application process?
To obtain a green card for your family member, you must file a sponsorship petition, provide proof of your status to demonstrate that you are a permanent resident or U.S. citizen, submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc., and submit proof of any legal name change for you or your family member (the beneficiary).
What are the Preference Categories?
When petitioning for your relative, Immigration will place the petition into one of the following preference categories for processing:
·    First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
·    Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
·    Second Preference (2B):  Unmarried adult sons and daughters of permanent residents
·    Third Preference: Married sons and daughters (any age) of U.S. citizens
·    Fourth Preference: Brothers and sisters of adult U.S. citizens
A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed).  Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.
However, if a U.S. citizen is filing for a spouse, parent or child under age 21, a visa is available immediately and there is no backlog.  These types of petitions are not placed in a preference category.
What happens after I file the Petition?
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available.  If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”

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