How can I petition USCIS to bring my family or relative to the United States as a permanent resident?

The process of petitioning the U.S. Citizenship and Immigration Services USCIS to bring your family or relatives to the United States as a permanent resident will depend on your own immigration status. If you are a U.S. citizen, you may sponsor the following relatives for immigration to the United States: Your spouse (husband or wife); Your sons and daughters (regardless of their age and whether or not they are married); Your parents, brothers, and sisters (if you are age 21 or older).

You must submit an application for each relative that you are requesting to bring to the United States. The first form you need to complete is Form I-130, a Petition for Alien Relative. Failure to complete the application or sign the application can result in a rejection of your request. Once you complete the application, you must also attach proof of your relationship, evidence of your U.S. citizenship, and the correct filing fees.

If the relative you are sponsoring is an immediate family member, they will be able to bypass the usual waiting lists. Immediate family members include spouses, parents, and unmarried children under 21 years of age. Other family members will be placed on a waiting list of other visa applicants from their country. Once your application is received and approved, you must sign an affidavit, Form I-864, acknowledging your willingness and ability to support the relative that you are seeking to sponsor. The final step is for USCIS to issue a visa authorizing your relative to come to the United States.

Process for Green Card Holders

If you are a green card holder, you may petition for the following parties to come to the United States: Your spouse (husband or wife); Your unmarried sons and daughters.

As a green card holder, the process for bringing a relative to the United States is similar to those discussed above. You must first submit a Form I-130 for each relative you would like to bring to the United States, and follow all subsequent procedures. The difference in the two processes relates to waiting periods. Relatives of U.S. citizens will get first priority on waiting lists, whereas relatives of green card holders will receive secondary priority.

Getting Legal Help

If you have questions about the process applicable to your situation, consult an immigration attorney to guide you through the required forms and procedures.

Case Studies: Petitioning USCIS for Family Immigration to the United States

Case Study 1: Sponsorship of Immediate Family Member

John Smith, a U.S. citizen, wishes to bring his spouse Jane Smith and their two children to the United States. As an immediate family member, Jane and their children qualify for expedited processing. John completes Form I-130, Petition for Alien Relative, providing the necessary documentation and filing fees.

Upon approval, John signs Form I-864, affirming his commitment to support his family. USCIS issues visas to Jane and their children, allowing them to join John in the United States.

Case Study 2: Sponsorship of Sibling

Sarah Johnson, a U.S. citizen aged 21 or older, wants to sponsor her sister Emily Johnson to immigrate to the United States. Sarah files a separate Form I-130 for Emily, including the required evidence of their relationship and pays the necessary fees.

Since Emily is not an immediate family member, she is placed on a waiting list along with other visa applicants from her country. Once USCIS approves the petition and processing dates become current, Emily can proceed with the visa application process.

Case Study 3: Green Card Holder Petition

David Thompson, a green card holder, desires to bring his unmarried son Michael Thompson to the United States. Similar to the process for U.S. citizens, David completes Form I-130 for Michael and follows all subsequent procedures.

However, since David is a green card holder, Michael’s application falls under the secondary priority category on the waiting list. Once USCIS approves the petition and Michael’s priority date becomes current, he can proceed with the visa application process.