Many people in the United States have family members living in other countries, and wonder whether they can bring them here. It's a myth that if one immigrant settles in the United States, that one can get green cards (permanent residence) for the whole extended family, and so on. The truth is both more limited and more complex.
Who You Can Help Immigrate
You can petition to bring family members to the United States (often called "sponsoring" them) only if you are a U.S. citizen or a permanent resident (green card holder). Even then, you can bring in only those family members listed on the chart below. Before reading the chart, click the links explaining the meanings of "immediate relative" and "preference relative."
|Who Can Sponsor Who|
Notice who is not on this list: grandparents, cousins, aunts, uncles, parents-in-law, and other extended family members.
However, if allowed to immigrate to the United States, most of the people on the above list will be permitted to bring their own spouses and children with them. And it is true that once someone has a green card, they can sponsor other people on the list.
How Long Must Relatives Wait?
Immediate relatives can get green cards without worrying about waiting periods or numerical limits. Preference relatives may have to wait between approximately four and 23 years before being allowed to apply for their visa or green card.
Also, only a certain percentage of the green cards go to any one country each year. That means if a particularly high number of people from certain countries submit petitions -- as is often the case with India, Mexico, China, and the Philippines -- their family members end up waiting even longer than others.
Because of the annual limits on how many green cards (immigrant visas) are given out, and the unpredictability of how many people submit petitions each year, no one can say exactly how long each applicant will wait.
As a general rule, applicants in higher preference categories wait less time. The average wait these days from most countries (excluding India, Mexico, China, the Dominican Republic and the Philippines) is as follows:
|Current Average Waiting Period|
The longest waits are endured by siblings of U.S. citizens (4th preference) from the Philippines -- currently a staggering 23 years.
How to Start the Application Process
The family member who you will sponsor will have to go through a multi-step application process. It's your job as a U.S. citizen or green card holder to start the process, by submitting a visa petition. (For more information, see Nolo's article The Visa Petition: The First Step for Family and Employment Green Cards.) Your family member can't enter the U.S. until both the petition and subsequent applications have been approved.
For more information on obtaining a family-based green card, see Nolo's article How to File a Green Card Application; for details and help applying, see the book How to Get a Green Card, by Ilona Bray (Nolo) or, for married or engaged couples, see Fiance and Marriage Visas: A Couple's Guide to U.S. Immigration, also by Ilona Bray (Nolo).
Sponsor vs. Petitioner
Although the term commonly used to describe a U.S. citizen or resident who helps someone immigrate is "sponsor," this isn't the technical term. You "petition" for your family member, so you're a "petitioner." Your incoming family member is called a "beneficiary."
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