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Reuniting with family members is a common goal for many Indian nationals who move to the United States. Whether you are a U.S. citizen or a lawful permanent resident (Green Card holder), there are pathways to sponsor close family members for immigration.
However, this process involves understanding eligibility rules, waiting periods, and financial responsibilities. If you’re considering sponsoring your family, knowing how the system works can help you better prepare for each step.
Who Can Be Sponsored?
The ability to sponsor family members depends on the sponsor’s immigration status. U.S. citizens enjoy more flexibility in terms of who they can bring to the U.S., while Green Card holders have more restricted options.
Sponsorship by U.S. Citizens
If you are a U.S. citizen, you can sponsor both immediate relatives and extended family members under family preference categories. Immediate relatives include your spouse, unmarried children under 21, and parents (provided you are at least 21 years old). This category is particularly advantageous because there are no annual limits on the number of visas issued, meaning the process tends to be faster.
Apart from immediate relatives, U.S. citizens can also sponsor other family members under specific preference categories. These include unmarried adult children (21 years or older), married children of any age, and siblings. However, unlike immediate relatives, these family members fall under visa caps, resulting in potentially long waiting times.
Sponsorship by Green Card Holders
Green Card holders, while more restricted compared to U.S. citizens, can still sponsor certain family members. Eligible relatives include spouses, unmarried children under 21, and unmarried adult children (21 years or older). However, Green Card holders are not allowed to sponsor parents, married children, or siblings.
All family members sponsored by Green Card holders fall under family preference categories. Since these categories are subject to annual numerical limits, waiting times can be lengthy, especially for applicants from India, which typically faces significant backlogs.
Categories of Family-Based Sponsorship
U.S. immigration law divides family sponsorship into two main categories: immediate relatives and family preference categories. Understanding this distinction is important because it affects visa availability and processing times.
Immediate relatives refer to close family members of U.S. citizens, including spouses, children under 21, and parents. This category offers a significant advantage because it is not subject to annual numerical limits, resulting in generally shorter waiting periods for visa processing.
On the other hand, family preference categories apply to both U.S. citizens and Green Card holders and cover a broader range of family relationships. However, visas in these categories are capped annually, leading to longer waiting times, particularly for applicants from countries with high demand, such as India.
The family preference categories are further divided based on the type of relationship. The first preference includes unmarried adult children of U.S. citizens. The second preference is split into two subcategories: F2A, for spouses and unmarried children under 21 of Green Card holders, and F2B, for unmarried adult children of Green Card holders. The third preference covers married children of U.S. citizens, while the fourth preference includes siblings of U.S. citizens.
Steps to Sponsor a Family Member
Sponsoring a family member involves multiple stages, starting with filing a petition and ending with either consular processing or adjustment of status.
Filing the I-130 Petition: The sponsorship process begins when the U.S. citizen or Green Card holder files Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form serves to establish the legitimacy of the family relationship.
Petition Approval and Visa Availability: Once USCIS approves the I-130 petition, the next step depends on the type of relative and the sponsor’s status. For immediate relatives, the approved petition can proceed to visa processing without delay. For family preference categories, the applicant must wait for a visa to become available according to the priority date, which is determined by the date the petition was filed.
Consular Processing or Adjustment of Status: If the sponsored relative is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. This process involves submitting additional forms, attending an interview, and undergoing medical examinations.
If the relative is already in the U.S. on a valid visa, they may apply for adjustment of status to become a permanent resident without leaving the country.
Financial Sponsorship Requirements
A crucial part of family-based immigration is financial sponsorship. The sponsor must demonstrate they have sufficient income or assets to support the intended immigrant, ensuring that the family member will not rely on public assistance. This is done by submitting Form I-864, Affidavit of Support.
The sponsor’s income must meet at least 125% of the U.S. federal poverty guidelines. If the sponsor’s income falls short, a joint sponsor can step in to help meet the financial requirements.
Processing Times and Backlogs
Processing times vary greatly depending on whether the relative is an immediate family member or falls under a family preference category. Immediate relatives of U.S. citizens generally experience shorter processing times, often between six months to a year. However, family preference applicants may face long waiting periods due to annual visa limits.
For Indian nationals, waiting times in family preference categories can be particularly long. For example, siblings of U.S. citizens (F4 category) from India may wait over 15 years for a visa. Regularly checking the Visa Bulletin, published by the U.S. Department of State, helps applicants track their priority dates and understand when their visas may become available.
Conclusion
Bringing your family to the U.S. through immigration sponsorship can be a lengthy process, especially for those applying from countries with high demand like India. U.S. citizens have more options and shorter waiting times for immediate relatives, while Green Card holders face greater restrictions and longer delays.
Despite the potential challenges, family reunification is an achievable goal with proper planning and understanding of the process. By filing accurate petitions, meeting financial requirements, and staying informed about visa availability, you can improve your chances of success. Although it may take time, the reward of being reunited with loved ones makes the effort worthwhile.
Source: https://www.financialexpress.com/business/investing-abroad-family-sponsorship-for-america-immigration-rules-and-timelines-for-lawful-permanent-resident-holding-green-card-3718155/
