Family sponsorship can be one of the most fulfilling ways to bring loved ones to the United States. However, the process is often full of details and requires clear understanding.
We know the steps and requirements can feel overwhelming. That’s why we’re here to simplify it.
In this guide, you’ll find out if you or your family member is eligible for family sponsorship, and how to start.
Before jumping in, it’s essential to know who qualifies for sponsorship. Eligibility depends on both your status as a sponsor and your relationship with the person you’re sponsoring.
For U.S. citizens, certain close family members can be sponsored. These include your spouse, parents, and unmarried children under 21.
If you’re a green card holder, you can also sponsor your family. However, the process and requirements vary slightly.
For U.S. citizens, the process is generally quicker when sponsoring immediate family. Although green card holders may experience longer wait times, especially if they are sponsoring older children.
USCIS data shows that processing times vary significantly. Immediate family members tend to see faster results, but specific wait times depend on your family’s situation.
U.S. citizens have the option to sponsor extended family members, like siblings and married children. Unfortunately, these categories are lower in priority, meaning longer wait times.
For instance, siblings fall into a “family preference” category with annual visa limits. Wait times for these categories can stretch for years or even decades.
Applicants from countries with high demand, like Mexico or the Philippines, may face particularly long waits. Managing expectations is key when sponsoring extended family.
If you’re sponsoring an adopted child or an orphan from abroad, additional rules apply. The process includes specific legal requirements to confirm the adoption’s legitimacy and the child’s well-being.
If your sponsorship involves an adopted child, be prepared for additional documentation and time requirements. This ensures that children in special cases receive the proper attention and care.
Eligibility for sponsorship depends on several factors. Let’s walk through the main requirements.
To be a sponsor, you must be either a U.S. citizen or a lawful permanent resident (green card holder). You also need to be at least 21 to sponsor a parent or sibling.
A significant part of sponsorship is proving that you’re financially able to support your family member. This involves an Affidavit of Support.
The Affidavit of Support is a binding agreement in which you commit to financially support your relative. This requirement is designed to ensure that they don’t rely on public assistance.
The income threshold is typically 125% of the federal poverty level, adjusted for household size. If your income doesn’t meet this requirement, you may have a co-sponsor to help with the financial obligation.
The primary form needed for family sponsorship is Form I-130. This form is what establishes your family relationship with the applicant.
In addition to Form I-130, you’ll need supporting documents, like birth certificates, marriage licenses, and evidence of your relationship. Gathering these documents in advance can help avoid delays.
Applying for family sponsorship can feel complex, but breaking it down step-by-step makes it easier to manage.
The first step is filing Form I-130, which establishes your family relationship.
Processing times can vary widely, but double-checking all forms and documents can help avoid delays. A missing document or mistake may lead to a Request for Evidence (RFE), which can add months to the timeline.
After the I-130 petition is approved, the next steps depend on whether your family member is in the U.S. or abroad.
If they’re already in the U.S., they may be able to adjust their status without leaving the country. But if they’re abroad, they’ll need to go through consular processing at a U.S. embassy or consulate.
Consular processing involves completing the visa application and interview in their home country. This step ensures the application is processed according to the location of the applicant.
For those going through consular processing, an interview is usually required. This interview allows officials to verify the information and assess eligibility.
Your family member will need to bring necessary documents, such as their passport and birth certificate. Preparing for this interview is key to keeping the process moving smoothly.
Family sponsorship timelines can vary significantly, depending on your specific family relationship and country of origin.
Immediate relatives of U.S. citizens (spouses, parents, and unmarried children) typically experience faster processing. These categories are not subject to annual limits, so they’re processed more quickly.
Extended family members, like siblings or married children, fall into “family preference” categories, which have annual visa caps. These caps can cause wait times to stretch, so patience is necessary.
We recommend checking the USCIS processing time tool or the Department of State Visa Bulletin for the latest information.
Wait times also vary based on your family member’s country of origin. Applicants from high-demand countries, such as Mexico or the Philippines, often face longer waits.
Checking visa bulletins regularly can help you stay informed about wait times and any changes that may impact your case.
Knowing common challenges in family sponsorship can help you navigate the process more smoothly.
A common issue is failing to meet the financial requirements or having incomplete financial documentation. Ensuring you meet the income threshold and submitting complete financial documents is essential.
If finances are a concern, co-sponsorship is an option. A co-sponsor can help meet the income requirement, making this a valuable resource for many families.
Mistakes in paperwork can lead to delays. Double-check all forms and documents to prevent errors that may result in an RFE.
Taking the time to review everything before submission can save months of processing time.
If you’re sponsoring extended family members, patience and planning are crucial. Regularly checking the Visa Bulletin can help you stay up-to-date on wait times and any changes in visa availability.
Here are a few final tips to keep your case moving forward and organized.
Maintain copies of every form, document, and correspondence with USCIS. Keeping these records organized will save you time and reduce stress if any issues arise.
Family sponsorship can be complex, especially in unique situations, such as adopting a child or sponsoring a sibling. Consulting with an experienced immigration attorney can help you navigate any special considerations.
At Brudner Law, we’re here to help you every step of the way, ensuring you have the information and support you need.
Family sponsorship is a journey, but the goal of reuniting with loved ones makes it worth the effort. With the right information and a clear understanding of the requirements, you can navigate the process successfully.
If you’re exploring family sponsorship and need guidance, reach out to Brudner Law. Our team is here to answer your questions and support you, so you can focus on what matters most—bringing your family together.
Embrace your Future with Brudner Law
