I am US citizen/I have a green card. Which of my family members can I petition
Whom can a US citizen or legal permanent resident petition for and what are the obstacles to overcome to get to a lawful status?
A U.S. citizen or lawful permanent resident (LPR/green card holder) can sponsor certain family members for lawful immigration status. The process and potential obstacles vary based on the sponsor’s status and the beneficiary’s relationship and current immigration situation. Below is a breakdown
1. Who Can a U.S. Citizen or LPR Petition For?
A. U.S. Citizens Can Petition For:
Immediate Relatives (No numerical limit):
Spouse
Unmarried children under 21
Parents (if the petitioner is at least 21)
Other Family Preference Categories (Subject to annual quotas):
Unmarried sons/daughters (21+) (F1 category)
Married sons/daughters (any age) (F3 category)
Brothers and sisters (if petitioner is 21+) (F4 category)
B. Lawful Permanent Residents Can Petition For:
Spouse
Unmarried children under 21
Unmarried sons/daughters (21+) (F2B category)
🛑 LPRs cannot petition for married children, parents, or siblings.
2. Obstacles to Obtaining Lawful Status
A. Numerical Limits and Long Waits
Family preference categories (F1, F2A, F2B, F3, F4) are subject to quotas.
The Visa Bulletin (issued monthly by the Department of State) shows current wait times.
Wait times can range from a few months to decades, especially for countries with high demand (Mexico, Philippines, India, etc.).
B. Unlawful Presence and Bars
Individuals who entered the U.S. without inspection (EWI) or overstayed a visa may accrue unlawful presence, triggering 3-year or 10-year bars upon departure.
These bars can often only be overcome by applying for a waiver, usually requiring a showing of extreme hardship to a U.S. citizen or LPR spouse or parent.
C. Adjustment of Status vs. Consular Processing
Adjustment of Status (AOS): Only available to those currently in the U.S. and generally entered legally.
Consular Processing: Required for those outside the U.S. or who cannot adjust status inside the U.S.
May trigger unlawful presence bars if the applicant has been in the U.S. illegally.
D. Inadmissibility Grounds
Common issues:
Criminal history
Immigration fraud/misrepresentation
Public charge concerns (e.g., inability of sponsor to meet income requirements)
Multiple Entries in to the United States
Waivers may be available for some grounds of inadmissibility but require legal strategy and strong documentation.
E. Affidavit of Support
All family-based immigrants require Form I-864, showing the petitioner earns at least 125% of the Federal Poverty Guidelines.
If the petitioner doesn't qualify, a joint sponsor can be used.
F. Marriage-Based Petition Scrutiny
Fraudulent marriage concerns can lead to denial and bar to future petitions.
Couples must prove bona fide marriage, especially during the green card interview.
3. Special Circumstances and Remedies
VAWA (Violence Against Women Act): Allows self-petitioning for abused spouses/children of U.S. citizens or LPRs.
U Visa: For victims of crime who assist law enforcement.
T Visa: For trafficking victims.
DACA Recipients: May qualify under advance parole + AOS under certain conditions.
TPS Holders: Some may qualify for AOS depending on circuit precedent.
4. Key Takeaways for Sponsors and Beneficiaries
Understand family category and check the Visa Bulletin.
Determine eligibility to adjust status or whether consular processing is required.
Prepare for possible waivers of inadmissibility and financial sponsorship obligations.
Seek experienced immigration legal counsel for complex cases involving unlawful presence, criminal history, or hardship waivers.
We can guide you through this process and tailor a plan specific for your set of circumstances. Call 832-800-3572 to schedule an appointment or you can schedule one here under the appointments tab.
