US citizens may sponsor for permanent residence in the United States the following relatives:
- Spouses and unmarried children under the age of 21;
- Unmarried children over the age of 21 (called "sons and daughters");
- Married sons and daughters;
- Brothers and sisters (once the US citizen is at least 21 years old).
The Department of State's "Visa Bulletin," issued every month, gives the priority date for those petition beneficiaries currently entitled to apply for immigrant status through immigrant visas or adjustment of status. There is no annual quota for the spouses and unmarried children of US citizens, so there is no waiting period for these applicants—just the required processing time. However, all other family-based categories have significant backlogs, even with a US citizen petitioner.
Regardless of whether the family member being sponsored is located in the US (and therefore likely to be applying for adjustment of status) or outside the US (in which case the immigrant visa is the likely option), the process begins with the filing of an I-130 Petition for Alien Relative. The form and instructions can be found on the US Citizenship and Immigration Services website. Required later in the process will be additional biographic data regarding the beneficiary (the person being sponsored) and a medical examination. Additional documents, such as police certificates, may be required depending on whether immigrant visa (consular processing) or adjustment of status is being utilized. All petitioners must supply the I-864 Affidavit of Support.
