How USCIS Decides Which Family Relationships Qualify for Green Card Sponsorship

Family sponsorship is one of the most common routes of becoming a permanent resident in the US. A report from the Office of Homeland Security Statistics (OHSS) reveals that approximately 64 percent of lawful permanent residents (LPRs) obtained their status through a family relationship with an existing LPR or a US citizen in 2023. 

The US immigration system acknowledges the importance of reuniting families. However, eligibility for family-sponsored visas depends primarily on the existence of a qualifying family relationship between the sponsor and the applicant.

In this post, we’ll cover how US Citizenship and Immigration Services (USCIS) decides which family relationships qualify for green card sponsorship. Their guidelines on who is eligible for family-based immigration can affect how long an applicant waits for a US green card. 

 

What Family Relationships Qualify for Green Card Sponsorship

A citizen or lawful permanent resident (LPR) in the US can sponsor certain close family members to the country. Limits exist on what specific family relationships can qualify for green card sponsorship. Typically, the categories of family-based immigration depend on the qualifying family relationships, as indicated below. 

Immediate relatives

The immigration system prioritizes the immediate relatives. That means visas are always available for them, so they don’t have to wait in line for a visa. Establishing a legitimate relationship with one of the following immediate relatives can qualify for a green card:

  • A spouse married to a US citizen
  • A parent of a US citizen who is 21 years of age or older
  • A child of a US citizen who remains unmarried and below 21 years old

Other family members

Other family members who are not immediate relatives can also qualify for a green card under the preference categories. Subject to the annual numerical caps, these include the following: 

  • Unmarried, adult sons and daughters aged 21 or over of a US citizen
  • Spouses and children of permanent residents who are unmarried and under 21
  • Unmarried adult sons and daughters aged 21 or older of a permanent resident
  • Sons and daughters of American citizens who are already married, at any age
  • Siblings of a US citizen, provided the petitioner is 21 years of age or older

Factors USCIS Considers to Determine Qualifying Family Relationships

USCIS carefully examines several factors when determining the legitimacy and eligibility of the family relationship. Here’s what they consider for qualifying relationships in a family-sponsored petition: 

Authenticity

The claimed family relationship should be legitimate and not entered into for the sole purpose of obtaining immigration benefits. Thus, a key component of the green card application is to prove 

The authenticity of the family relationship

Affidavit of support

Every family-based petition requires an Affidavit of Support. It’s a document the sponsor signs to accept financial responsibility over the green card applicants when necessary. This requirement helps to ensure that the sponsored family member will not rely on government public benefits. 

Admissibility

Immigration laws outline specific actions and conditions that can make immediate relatives and other family members ineligible for a green card and other immigration benefits. Suppose inadmissibility issues arise. The sponsored applicants must address it. Otherwise, they may encounter denial despite having a qualifying sponsor. 

Ongoing validity

The family relationship claimed in the immigrant visa petition must remain valid until the USCIS makes a decision on the application. Suppose the qualifying sponsor and applicant fail to maintain the family relationship. It will either disqualify the applicant or create serious hurdles to the approval of their petition. 

Ensure Family-Based Green Card Eligibility With Legal Assistance

Securing a family-based green card for a family member or relative can be an intricate process with specific qualification requirements. Our team at ALG Lawyers can help ensure eligibility and compliance with USCIS guidelines and deadlines. Initiate a consultation with our Los Angeles immigration lawyer to acquire one-on-one legal assistance for your immigration case. 

FAQs on How USCIS Decides Which Family Relationships Qualify for Green Card Sponsorship

No outright restrictions exist on the number of family members a sponsor can file. However, the sponsor’s financial ability to support each sponsored relative can be a limiting factor. They must demonstrate a specific level of assets and income to satisfy the federal poverty guidelines for their particular household size. Likewise, petitioning for more than one spouses isn’t allowed and can result in further legal repercussions. 

Different factors affect the processing time. Depending on the category of family relationship and individual situations, the process can take between 8 months and several years. Since the processing time isn’t set in stone, the best way is to check your case’s progress at the USCIS online processing tool

Generally, immediate relatives enjoy faster processing than those in preference categories since they’re not subject to annual visa caps. Meanwhile, preference relatives often have to wait longer because of visa backlogs. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)