Sponsoring Family as a Lawful Permanent Resident
One of the most common questions we receive as immigration attorneys is whether lawful permanent residents (green card holders) can sponsor family members for immigration to the United States. The answer is yes, but with some significant limitations compared to U.S. citizens. Contact us for more detailed information based on your specific circumstances.
Who Can Green Card Holders Sponsor?
Lawful permanent residents can petition for specific family members under what immigration law calls “family preference” categories. Specifically, green card holders can sponsor:
- Spouses - Your husband or wife can be petitioned for permanent residence
- Unmarried children under 21 - Your minor, unmarried children qualify for sponsorship
- Unmarried adult children - Your unmarried sons and daughters over 21 can also be sponsored
It’s important to understand that green card holders cannot sponsor their married children, parents, or siblings. These sponsorship options are only available to U.S. citizens.
Understanding the Waiting Period
Unlike immediate relatives of U.S. citizens who face no visa number limits, family members sponsored by lawful permanent residents fall into preference categories subject to annual visa caps. This means there’s typically a waiting period before a visa becomes available.
The wait time varies by category and the beneficiary’s country of birth. Spouses and minor children of green card holders are classified as F2A preference, which generally has shorter wait times. Unmarried adult children fall into the F2B category, which typically faces longer delays, and sometimes several years.
During this waiting period, it’s essential to maintain your green card status and ensure your family member doesn’t take actions that could jeopardize their eligibility, such as marrying (which would disqualify them from the “unmarried” categories).
The Advantage of Becoming a U.S. Citizen
If you’re a lawful permanent resident considering sponsoring family members, becoming a U.S. citizen can significantly benefit your loved ones. U.S. citizens can sponsor immediate relatives (spouses, unmarried children under 21, and parents) without waiting for visa availability. Additionally, citizens can sponsor married children and siblings, though these categories face their own wait times.
Many green card holders choose to naturalize specifically to expedite family reunification. If you’ve been a permanent resident for at least five years (or three years if married to a U.S. citizen), you may be eligible for naturalization.
The Sponsorship Process
Sponsoring a family member as a lawful permanent resident begins with filing Form I-130, Petition for Alien Relative, with USCIS. You’ll need to provide evidence of your relationship, proof of your permanent resident status, and demonstrate that you meet income requirements to support your family member financially.
Once USCIS approves the petition, your family member must wait for a visa to become available based on the priority date. When their turn arrives, they can either adjust status if they’re already in the U.S. or process through a U.S. consulate abroad.
Contact a Florida Immigration Attorney Today
Family-based immigration involves complex procedures, strict documentation requirements, and potential pitfalls that can delay or derail your case. Working with an experienced immigration attorney ensures your petition is prepared correctly and your family’s case proceeds smoothly.
At Robert M. Bell, we’ve helped countless lawful permanent residents successfully sponsor their family members. Call (954) 241-4209 or contact us online to schedule a consultation. Let us help you bring your family together.