Family reunification is a significant aspect of U.S. immigration, often raising questions for many living in the United States. The process of moving to the U.S. for family reasons, while reliable, can involve extended waiting periods for relatives abroad. To apply for an immigrant visa for a relative, you must be either a U.S. citizen or a green card holder. Additionally, you are required to demonstrate financial ability to support your relatives in America by signing an Affidavit of Support and proving your income exceeds 125 percent of the poverty line based on the number of relatives you are supporting.
Categories and restrictions
The category of relatives you can sponsor varies depending on whether you are a U.S. citizen or a permanent resident. U.S. citizens can file for their spouse, unmarried children under 21, unmarried children over 21, married children of any age, siblings (if over 21 years old), and parents (if over 21 years old). Green card holders, on the other hand, can sponsor their spouse and unmarried children of any age. In either case, evidence confirming your relationship with the respective person is necessary.
When submitting immigration documents, your relatives will be classified into one of four immigration categories, each with its own waiting period for obtaining an immigrant visa. For U.S. citizens, immediate family members – parents, spouses, and unmarried children under 21 – are exempt from the quota system applicable to all other immigration categories. Other applicants must wait for immigrant visa numbers to become available in the Visa Bulleting after their immigration petition is approved. Due to the high demand for U.S. immigration based on family ties, many categories have long backlogs, with higher categories generally experiencing longer waiting times.
The first category is for unmarried children of U.S. citizens who are 21 years or older. The annual limit for this category is 23,400 visas, plus any unclaimed visas from the fourth category.
The second category includes the spouses and husbands of green card holders, as well as their unmarried children under 21 years old. This category also covers the unmarried children of green card holders of any age. The annual limit for the second category is 114,200 visas, plus a number of visas equal to the difference between the total number of family-based immigrant visa applicants and 226,000. Unused visas from the first category are also transferred to the second category. This category is further divided into subcategories “A” and “B”. Subcategory “A” includes spouses and children, reserving 77 percent of the total number of visas in the second category, with 75 percent of these visas not subject to country-specific limitations. Subcategory “B” includes unmarried children over 21 years old, allocated 23 percent of the total number of visas in the second category.
The third category is for married children of U.S. citizens, with an annual limit of 23,400 visas, plus any unused visas from the first and second categories
The fourth category is for brothers and sisters of U.S. citizens who are 21 years of age or older, with a limit of 65,000 visas per year, plus any unused visas from the first three categories.
Document Submission Procedure
The process for obtaining immigration documents for relatives begins with submitting Form I-130 to U.S.C.I.S., completed by a U.S. citizen or permanent resident, including all evidence of family ties. For U.S. citizen fiancés living outside the U.S., Form I-129F is used. Upon approval of I-129F by U.S.C.I.S., the U.S. citizen fiancé(e) must obtain a K-1 visa. The marriage to an American citizen must be registered within 90 days after the fiancé(e) enters the United States. Subsequently, an application for permanent resident status on Form I-485 is required.
In all cases other than those involving fiancés (i.e., except for situations with brides and grooms), after U.S.C.I.S. approves the Form I-130 petition, the U.S. Department of State must determine whether a particular foreign national can obtain an immigrant visa. Once the Department of State deems an applicant eligible for an immigrant visa, the applicant will be notified.
After an immigrant visa number is assigned, your relative can apply for the visa at a U.S. diplomatic mission. The process may vary by country. If your relative is in the United States, they can apply for a green card. If outside the U.S., your relative would need to contact the American diplomatic mission in his or her country to obtain an immigrant visa. Upon receiving the visa and passing U.S. border control, your relative will automatically become a permanent U.S. resident. The green card will then be mailed after some time.
