For many families, the U.S. immigration system offers a valuable opportunity to reunite with loved ones and establish permanent roots in the United States. Family-based immigration remains one of the most common ways individuals obtain lawful permanent residency, more commonly known as a green card. However, not every family member is eligible for sponsorship, and understanding who qualifies is essential to avoid costly mistakes or delays.
If you are a U.S. citizen or lawful permanent resident (LPR), you may be able to sponsor certain relatives for green cards through the family immigration petition process. This article breaks down which family members qualify, the different categories of sponsorship, and what the process involves for each type of relationship.
Immediate Relatives and Family Preference Categories
U.S. immigration law divides family-based green card sponsorship into two primary categories: *immediate relatives* and *family preference categories*. These two groups are treated differently when it comes to wait times and visa availability, which significantly impacts how long it takes for your family member to obtain legal residency.
Immediate relatives include only the following individuals when the sponsor is a U.S. citizen:
- A spouse
- Unmarried children under the age of 21
- Parents of U.S. citizens, provided the citizen is at least 21 years old
This group enjoys the fastest processing times because there are no annual limits on the number of visas issued to immediate relatives. That means once your petition is approved and supporting documentation is accepted, your relative can move forward without being subject to long waiting periods.
On the other hand, family preference categories apply to both U.S. citizens and lawful permanent residents sponsoring other types of qualifying relatives. These categories are subject to annual visa caps, and the demand often exceeds supply. This creates a backlog, which can cause processing to take several years, depending on the category and the applicant’s country of origin.
The family preference categories are:
- F1: Unmarried adult children (21 or older) of U.S. citizens
- F2A: Spouses and unmarried children under 21 of lawful permanent residents
- F2B: Unmarried adult children of lawful permanent residents
- F3: Married children of U.S. citizens
- F4: Brothers and sisters of U.S. citizens, if the citizen is 21 or older
The F4 category, for example, often has wait times that exceed 10 years. Applicants from countries with high levels of immigration to the U.S., such as Mexico and the Philippines, may wait even longer due to country-specific visa limits.
Who Can Sponsor a Relative for a Green Card?
The first step in determining eligibility for family sponsorship is understanding your own status. Only U.S. citizens and lawful permanent residents are permitted to file a family immigration petition. However, your specific status will dictate which relatives you can sponsor.
U.S. citizens may sponsor:
- Spouses
- Children, regardless of age or marital status
- Parents, if the citizen is 21 or older
- Siblings, if the citizen is 21 or older
Lawful permanent residents may sponsor:
- Spouses
- Unmarried children of any age
Lawful permanent residents are not eligible to sponsor their parents, married children, or siblings. To sponsor a broader range of relatives, an LPR would need to apply for U.S. citizenship and wait until naturalization is complete before beginning the sponsorship process.
Financial and Legal Requirements for Sponsors
Sponsoring a family member is not as simple as filing a form. As a sponsor, you must agree to take financial responsibility for the individual once they arrive in the United States. This is done through Form I-864, the Affidavit of Support, which confirms that you meet certain income requirements set by the U.S. government.
Generally, you must earn at least 125% of the federal poverty level based on your household size, including the person you are sponsoring. If your income falls short, you may still qualify by using assets or by enlisting a joint sponsor who meets the financial threshold.
In addition to financial qualifications, sponsors must also submit evidence of their immigration status, such as a U.S. passport, naturalization certificate, or green card, along with documentation proving their relationship with the sponsored relative. These documents help USCIS determine whether the relationship is legitimate and qualifies under immigration law.
Our family immigration petition attorneys in Denver can walk you through the documentation requirements and ensure your petition is thoroughly prepared before submission.
What Documents Are Needed for a Family-Based Petition?
The core of any family-based immigration petition is Form I-130, which establishes the qualifying relationship between you and your relative. Supporting documents that typically accompany an I-130 include:
- Proof of U.S. citizenship or lawful permanent resident status
- Birth certificates of the petitioner and beneficiary
- Marriage certificates (for spousal petitions)
- Divorce decrees or death certificates if either party was previously married
- Photos, joint financial documents, lease agreements, or other evidence to show a bona fide marriage
Submitting complete and accurate documentation is critical to avoid Requests for Evidence (RFEs), which can delay the process. In some cases, additional background checks or interviews may be required, especially if USCIS questions the legitimacy of the claimed relationship.
Relatives Who Do Not Qualify for Sponsorship
It is important to note that not all family members are eligible to receive a green card through sponsorship. For example, U.S. immigration law does not permit green card sponsorship for:
- Grandparents or grandchildren
- Aunts, uncles, nieces, or nephews
- In-laws
- Fiancés (although U.S. citizens may file for a K-1 fiancé visa instead)
- Married children of lawful permanent residents
Just because a relationship is close emotionally does not mean it qualifies legally. If your relative falls outside the scope of eligible categories, you may want to consult with an immigration attorney to explore alternative options, such as employment-based petitions or humanitarian programs.
Contact Pachuta & Kammerman for Legal Help Today
Family immigration may seem straightforward, but in reality, the process is filled with technical rules, documentation requirements, and deadlines. Even small mistakes can result in significant delays or denials. Working with an experienced attorney can help you avoid these issues and improve your chances of success.
Whether you are applying for your spouse, a parent, or a sibling, it is essential to understand the full scope of your rights and obligations as a sponsor. If you are located in Colorado, our team in Denver is ready to provide the personalized legal support you need to help your family start a new chapter in the United States.
Contact us today to speak with an immigration lawyer in Denver about sponsoring a family member for a green card. We are here to support you every step of the way.
