Hurtubise Weber Law LLP

View Original

Can Green Card Holders Sponsor Family Members?

Being a Green Card Holder

Being a green card holder is not the same as being a U.S. citizen. If you have a green card, you are considered a permanent resident of the United States. As such, you are eligible for some benefits of citizenship without yet becoming a citizen. These include:

  • Being legally authorized to live and work permanently in the United States

  • Being protected by the laws of federal, state, and local entities

 

Once you are a permanent resident, you are eligible to sponsor certain family members green card.

Which Family Members Can I Sponsor?

The family members you are able to sponsor depends on whether you are a U.S. citizen or a permanent resident with a green card. If you are a U.S. citizen, you can sponsor the following family members:

  • A spouse

  • Children

  • Parents

  • Brothers and sisters

If you hold a green card, you can sponsor the following family members:

  • Your spouse

  • Unmarried children

If you are applying to sponsor a family member as a  green card holder, the process can be complicated., An immigration attorney can help.

The Process

Applying to sponsor a family member generally begins with the current permanent resident submitting form I-130, Petition for Alien Relative.  There are preference categories for applicants, which will determine the order in which a green card will be granted. These preference categories include:

  • 1st preference - Unmarried, adult child of a U.S. citizen

  • 2nd preference – Spouse s of a permanent resident; unmarried children of a permanent residents of (any age)

  • 3rd preference - Married child of a U.S. citizen

  • 4th preference - Sibling of a U.S. citizen

 

Limits on Visas

In addition to the limited number of visas available per year, there are also limits imposed based on the country from which an applicant is immigrating. Only a certain percentage of visas each year may be issued  to people from the same country. If a particular country has too high of a number of applicants in one year, then that country is considered “oversubscribed.” In that case, the Department of State would issue a cutoff date in order to limit the number of applications from that country.

Contact Hurtubise Weber Law

For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.