Family-Sponsored Immigration

What is Family-sponsored immigration?
U.S. citizens and permanent residents may sponsor their family members to immigrate to the United States.
There are four categories of family sponsors:
  1. Unmarried sons and daughters of U.S. Citizens
  2. Spouses, children, and unmarried sons and daughters of permanent residents
  3. Married sons and daughters of Citizens
  4. Siblings of Citizens

If an immigrant has a family sponsor for his greencard application, may the immigrant’s family come to the U.S. also?
Derivatives under § 203(d) are granted same status as the immigrant. That means immigrants may bring their:
  • Spouse
  • Children – look at definition in 101(b)(1)
NOTE: the family relationship must exist at time when principal was admitted for visa. “After acquired” spouses and children must apply for their own visa under 203(a)(2).

What if a child turns 21 while the petition is still pending? Can he still come along as a “derivative?”
Under the Child Status Protection Act – INA §203(h), the age of the child of is locked in at time alien applied for visa. Policy: children of applicants can still be “derivatives” under 203(d) even though they may have turned 21 by the time their parent’s visa became available.

Are there quotas for how many immigrants may enter the U.S. every year?
There are numerical quotas for each of the four family-sponsor categories. Once the quota is filled, applications are backlogged. Currently, the number of applications each year greatly exceeds the numerical quota. Thus, every category has a significant backlog. The only group not subjected to quotas are “immediate relatives.”

What is an immediate relative?
An immediate relative is a child, spouse, or parent of a U.S. Citizen. There are no quotas for immediate relatives. Thus, if an immediate relative applies and the petition is approved, the visa will be immediately available.
There are, however, some important factors to consider in defining what is a “child” or “parent.”
  • A child must be unmarried, and under 21, among other requirements. Once the child turns 21 or marries, he/she becomes a “son” or “daughter,” and must apply for visa separately (and therefore will be backlogged).
  • A “parent” cannot be considered an immediate relative until the U.S. Citizen son or daughter is 21 years or older. A U.S. Citizen “child” under 21 cannot sponsor their immigrant parent as an immediate relative.