Immigration and The Family:
Sponsorship by a U.S. Citizen
Family immigration usually begins when a relative files with the U.S. Citizenship and Immigration Services. The initial document that is filed is called a Petition and the person who submits it is called the Petitioner or the Sponsor. The person being sponsored (who benefits from the Petition) is called the beneficiary. The Priority Date is the date the petition is submitted to the USCIS.
Who in the Family can be a sponsor?
Only certain family members can be sponsors. A sponsor must be a legal permanent resident (green card holder) or a U.S. citizen. We will discuss here U.S. Citizen sponsorship. (This is about sponsorship by family members only and not sponsorship by an Employer.)
Which family members can be sponsored by a U.S. Citizen?
A U.S. Citizen can file a petition for a spouse, child, or parent.
Immediate Relatives
The Spouse (husband or wife), the child (under age 21 and unmarried), and the parent of a U.S. Citizen are called Immediate Relatives. They are the relatives of a U.S. Citizen who are exempt from waiting for immigrant quotas. There is never a waiting list or a shortage of immigrant visas (green cards) for Immediate Relatives. They do not appear in the Visa Bulletin preference quota lists since the quota preference system does not apply to Immediate Relatives. They are admitted to permanent residence without any numerical or national limitation.
Basic petition procedure for immediate relatives of U.S. Citizens
The U.S. Citizen sponsor submits a petition to the USCIS for each Immediate Relative being sponsored together with the required proof of the relationship and proof of the citizen status. Approval of the petition allows the beneficiary to apply for an immigrant visa at a U.S. consulate or if in the U.S., to apply to the USCIS for adjustment of status to resident without regard to quotas or waiting lists.
U.S. Citizen Preference Cases
A U.S. Citizen can also sponsor a son or daughter who is age 21 years or older, a married son or daughter of any age, and a brother or sister. These are not Immediate Relatives. They come under the immigrant quota preference system. The son or daughter who is age 21 years or older will be in the Family First preference (F1). The married son or daughter of any age will be Family Third (F3), and the brother or sister will be Family Fourth (F4).
Technical Note: The difference between a "Child " and a "Son" or "Daughter"
In U.S. immigration law when a child turns 21 or gets married, the child becomes a "son" or daughter" and is no longer a "child." A "child" is defined as being under the age of 21 and unmarried. Despite this technical definition, in this discussion we'll sometimes refer to the offspring of a sponsor as a "child" no matter what age or marital status.
Derivative Status
Beneficiaries of preference petitions can give Derivative Status to their own families. Derivative Status allows the beneficiary's family to get immigrant visas without their own separate petition. As an example, if a U.S. Citizen sponsors his married son (F 3), not only does the married son get a green card but also the son's wife and children, all from the one petition for the son.
Only preference petition beneficiaries get Derivative Status. Immediate Relatives are not in the preference system so they do not get derivative benefits. Because of this, the U.S. Citizen sponsor must file a separate petition for each Immediate Relative.
How Preferences Can Change
Family preferences can change. When a Legal Permanent Resident petitioner becomes a U.S. Citizen, petitions for family members are automatically changed to the categories for citizen sponsors (the beneficiaries go into Immediate Relative, F 1, or F 3 categories).
When the child of a U.S. citizen reaches age 21, the child is automatically changed from Immediate Relative to F 1 status.
When a child gets married, that son or daughter drops from Immediate Relative (or F 1 if they were already over age 21) to F 3.
What date determines the Applicant’s Category?
The critical date that determines how a person is treated for an immigrant visa is the date that the person first enters the U.S. with an immigrant visa and not when the visa was issued by the consul. If the beneficiary is already in the U.S., the critical date is the day on which the applicant's status is to be adjusted to permanent resident and not when the adjustment application was submitted.
Warning about Family petitions and preferences
This is a very brief introduction to a very complex subject matter. We have not outlined any of these topics in depth nor have we outlined special relationships such as step-children, half-brothers and -sisters, adopted children, etc.