Application Process to Bring a Foreign Family Member into the US

It is relatively common for a U.S. citizen to sponsor a foreign family member for the purposes of immigrating to the U.S.  There are different procedures and rules that apply based on the degree of the family relationship between the sponsoring U.S. citizen and the foreign family member.

Immigration of Immediate Relatives and Other Family Members

Immediate relatives of a U.S. citizenship, which are defined as spouses, unmarried children under the age of twenty-one (21), and, if the U.S. citizen is over the age of twenty-one (21), their parents and siblings, are always immediately eligible for a visa number, which expedites the foreign family member’s entry into the U.S.  Other degrees of relatives to U.S. citizens may fall into a “family preference category,” which includes unmarried children over the age of twenty-one (21), married children of any age, and, if the U.S. citizen is over the age of twenty-one (21), their siblings.  For relatives falling within a family preference category, there is a usually a waiting period before obtaining a visa number, as there are limits on the numbers of these types of relatives that may immigrate to the United States each year.

The Green Card Process for a Foreign Family Member Outside the U.S.

If you are a foreign family member located outside of the U.S., presumably awaiting a visa, you can begin the green card process through consular processing.  During this process, USCIS and the U.S. Department of State work together to issue a visa for you based on an approved petition for an alien relative.  Once a visa becomes available, you can travel on the visa and officially become a permanent resident once you are admitted at a U.S. port of entry.

The Green Card Process for a Foreign Family Member Inside the U.S.

If a foreign family member is already inside the U.S., your U.S. citizen relative sponsor must file a petition on your behalf, and wait for your priority date in the immigrant visa category to become current.  Once your priority date becomes current, you can file for adjustment of status to seek permanent residence. 

Getting Legal Help

If you have questions about bringing a foreign family member to the United States, you should contact an immigration attorney for assistance.  An experienced immigration attorney can explain all of the options that are available to you for bringing your foreign family member to the United States, and help you choose the option that is best for you and your family member.