family

Family Member Sponsorship

The U.S. family-based immigration system allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for lawful permanent residency (a green card).

There are two categories of family sponsorship:

  • Immediate Relatives (No Visa Wait Time) – Only for U.S. Citizens
    – Spouse
    – Unmarried children under 21
    – Parents (if the petitioner is 21 or older)
  • Family Preference Categories (Visa Bulletin Applies)
    F1: Unmarried adult children (21+) of U.S. citizens
    – F2A: Spouses and unmarried children (under 21) of green card holders
    – F2B: Unmarried adult children (21+) of green card holders
    – F3: Married children of U.S. citizens
    – F4: Siblings of U.S. citizens (if the petitioner is 21 or older)

Sponsorship by a U.S. Citizen

If you are a U.S. citizen, you can sponsor:
Spouse (CR1/IR1 visa for married couples, K-1 fiancé(e) visa if engaged)
Children (under 21 – immediate relatives, over 21 – F1 preference category)
Parents (only if the petitioner is 21 or older)
Siblings (F4 preference category, long wait time)

Steps for U.S. Citizens Sponsoring a Family Member

1. File Form I-130 (Petition for Alien Relative)
– This establishes a valid family relationship.
2. Wait for USCIS Approval & NVC Processing
– If your relative is an immediate relative, there is no wait for visa availability.
– If under the family preference category, your relative must wait for a visa to become available based on the Visa Bulletin.
3. Choose the Process:
If the relative is outside the U.S. → Consular Processing (immigrant visa interview at a U.S. consulate)
If the relative is in the U.S. → Adjustment of Status (Form I-485) if eligible
4. Attend the Visa Interview (for consular cases)
5. Receive the Green Card – If approved, the relative enters the U.S. as a lawful permanent resident.

📌 Processing Time:

Immediate relatives: 12–18 months
Family preference categories: Varies based on Visa Bulletin (can be several years)

Sponsorship by a Green Card Holder(Lawful Permanent Resident)

If you are a green card holder, you can sponsor:
Spouse (F2A category – has visa wait time)
Unmarried children under 21 (F2A category – has visa wait time)
Unmarried adult children (21+) (F2B category – longer wait time)

Green card holders CANNOT sponsor:

Parents
Married children
Siblings

Steps for Green Card Holders Sponsoring a Family Member

1. File Form I-130 for your spouse or unmarried children.
2. Wait for Visa Availability
– Unlike U.S. citizens, green card holders must wait for a visa under the F2A or F2B categories.
– Check the Visa Bulletin monthly for updates.
3. Process the Green Card Application
– If the family member is outside the U.S., they apply through Consular Processing.
– If they are inside the U.S., they may be eligible for Adjustment of Status (Form I-485) once the visa is available.
4. Attend the Interview & Obtain the Green Card

📌 Processing Time:

Spouses & minor children (F2A) – ~24–36 months
Unmarried adult children (F2B) – 5+ years (varies by country)

💡 Tip: If you are a green card holder and eligible for U.S. citizenship, applying for naturalization (Form N-400) may speed up the sponsorship process, since U.S. citizens’ immediate relatives do not face visa wait times.

Key Differences Between U.S. Citizens & Green Card Holders Sponsoring Family

U.S. Citizen
Green Card Holder
Who Can Be Sponsored?
Spouse, children (any age), parents, siblings
Spouse, unmarried children only
Visa Availability
Immediate for spouses, parents,
and children under 21
Must wait for visa availability
(F2A & F2B)
Processing Time
12–18 months (for immediate relatives)
2+ years for spouse & children (longer for F2B)
Can Adjust Status in the U.S.?
Yes, if the relative is eligible
Only if visa is available (must wait for priority date)

💡 Key Takeaways:

  • U.S. citizens have a faster processing time because their spouses are considered immediate relatives, meaning no visa backlog.
  • Green card holders must wait for visa availability under the F2A category, which is subject to annual limits.
  • If your spouse is in the U.S., a U.S. citizen can file AOS immediately, while a green card holder may have to wait for visa availability before filing.
Which Process Is Right for You?
  • If you are a U.S. citizen, sponsoring your spouse, children, or parents is faster since they qualify as immediate relatives.
  • If you are a green card holder, you may have to wait longer for a visa to become available. If eligible, consider applying for U.S. citizenship to speed up the process.

Need Help with Spouse Sponsorship!

At Truong Law Firm, PLLC, we have extensive experience helping families reunite in the U.S. Let us guide you through the process and maximize your chances of success.

Contact

If you require advice on U.S. immigration matters, please do not hesitate to reach out to Truong Law Firm for a free consultation and support. My team and I are here to assist you in finding the best solutions for your immigration needs.

At Truong Law Firm, PLLC, we believe in maintaining clear and consistent communication with our clients. We keep you informed every step of the way, ensuring transparency and trust in our legal process. Our goal is to help you achieve your immigration objectives efficiently and successfully.

John Q. Truong
Founder, Truong Law Firm, PLLC

Need Legal Assistance? Contact Truong Law Firm today