Who Can I Sponsor for a Green Card?
NOTE: After you read this post, see the February 2009 update with current wait times from the Visa Bulletin.
The answer depends on whether you are a permanent resident (green card holder) or a U.S. Citizen. U.S. Citizens can sponsor additional family members that green card holders cannot sponsor. Additionally, U.S. Citizens can petition for a fiance/fiancee to come to the U.S. to be married, while a green card holder is not given the same privilege. The person filing the petition is called the Petitioner. The person you are filing for is called the Beneficiary.
| Your Status | Who You Can Petition | Beneficiary’s Category |
|---|---|---|
| Citizen | Husband/Wife | Immediate Relative |
| Citizen (& you are at least 21) | Parent | Immediate Relative |
| Citizen | Unmarried Child Under 21 | Immediate Relative |
| Citizen | Unmarried Son/Daughter 21 & over | Preference Relative |
| Citizen | Married Son/Daughter of any age | Preference Relative |
| Citizen (& you are at least 21) | Brother/Sister | Preference Relative |
| Green Card Holder | Husband/Wife | Preference Relative |
| Green Card Holder | Unmarried Son/Daughter of any age | Preference Relative |
What is the difference between an Immediate Relative and Preference Relative?
An immediate relative has an immigrant visa (green card) immediately available to them. An immediate relative does not have to wait for an immigrant visa number to be available. Once a visa petition is filed for an immediate relative and the petition is approved by USCIS, the visa will be immediately available. The wait involved for an immediate relative is due to the green card processing time. In contrast, a preference relative does not have the benefit of an immediately available immigrant visa number. A preference relative must wait for a visa number to become available which can be several years, even more than a decade in some circumstances. The preference categories and current average waiting periods are outlined below:
| Preference Relative | Preference Category | Average Wait Time |
|---|---|---|
| Unmarried Son/Daughter 21 & over of U.S. Citizen | Family First Preference | 6 Years (15 Years for Mexico & Philippines) |
| Husband/Wife and Unmarried Son/Daughter of any age of Green Card Holder | Family Second Preference | 5 Years for Husband/Wife and children under 21 (10 Years/16 Years for Mexico for Unmarried Son/Daughter 21 & over) |
| Married Son/Daughter of U.S. Citizen | Family Third Preference | 8 Years (16 Years for Mexico) |
| Brother/Sister of U.S. Citizen | Family Fourth Preference | 11 Years (14 Years for Mexico/22 Years for Philippines) |
The wait times are determined by checking current priority dates. The U.S. Department of State posts the priority dates, monthly in a chart called the Visa Bulletin. The posted wait times can change from month to month. Countries such as Mexico, India and the Philippines have longer waiting times since the demand for immigrant visas are higher than in other countries.
Make sure you also read the February 2009 update on this post, it has information from the State Department Visa Bulletin.
616 responses to "Who Can I Sponsor for a Green Card?"
12:10 on March 23rd, 2010
hi, my brother is a us citizen can he sponsor me and my family to come to the united states? how long will i have to wait and how much will it cost.
21:52 on April 5th, 2010
Raymon,
Yes, probably 10 years. The total cost is just based on the fees and filing costs and how many members of your family there are that end up immigrating.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
15:47 on March 23rd, 2010
hi, i have a friend who married a US citizen, now he has an interview for green card but he is asking me to sponsor him because he and his wife didn’t make enough money last year, so now he wants me to give him my tax return and my W2 form to take with him at the interview. I don’t feel confortable doing it because i’m just a US resident and i don’t know if it’s ok or not. So my question is should i do or not
21:50 on April 5th, 2010
Coumba,
If you don’t feel comfortable doing it then you shouldn’t. Your question is not really a legal one, but a decision you need to make on your own. You can if you choose to offer to be a joint sponsor, but you don’t have to. Keep in mind that you would be responsible for his wife until she becomes a citizen or can be credited with 40 quarters of work. You can be required to pay back certain public benefits if the person you sponsor ends up needing public services that he/she cannot afford.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
13:20 on March 25th, 2010
Hello,
I am a US citizen and was wondering if I can sponsor my sister for a green card? Currently she is in her last year of H1-B visa in US.
Please advise…
Thanks,
Dee
21:44 on April 5th, 2010
Dee,
If you’re a Citizen, you can sponsor your sister, but that won’t keep her in status after the H1B expires. She must maintain independent status as your green card application only gets her a place in line and no separate right to remain in the U.S. Current wait time is about 10 years, more if she’s from Mexico or the Philippines.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
14:27 on March 26th, 2010
Hello,
I am on H1-B and my husband is on F-1, both currently in the US. His sister is a citizen and wants to sponsor his green card application. I know that this will also cover me as his spouse. However, I hear it can take upwards of 8 to 10 years. I have 2 questions: (1) Can my employer still sponsor me (and him) while his sister\’s application is pending? That is, can we have two applications in process simultaneously? (2) Is it possible for his sister to file for only him and then I can file through my employer? (3) I understand that once the petition is approved by Imigration, he can obtain a work permit (how long does this take)? And if the wait for visa takes 8 – 10 years, can he continue to work during this period and remain legally in the US and can he travel out of the country during this period.
Your response will be greatly appreciated.
Thanks.
13:41 on March 27th, 2010
hi i am on H1B, my sister is citizen can she file petition for greencard for me?
21:41 on April 5th, 2010
Hi Gunjan,
Yes, she may apply for you, but it’s taking about 10 plus years right now. You’ll have to maintain some other underlying status like your H1B or F1 or something until the priority date is reached in about 10 years.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
17:47 on March 29th, 2010
Hi,
i have special situation which i want to share, and i hope i will get some clear idea on how i can passe this step and thanks in advance for any advise.
here is my situation;
My Fiancee win a DV green card she get the 1st NL from KCC, then we decide to get married so we send the first respond with all the requiered forms then we get officialy married and update our situation to KCC
regards to my self, i got H1B approuved round August and apply for Visa on October My question is ;
i hve been in US from Ferbruary 2010, my wife received a 2nd NL from KCC for Interview, as she is my petitionner of green card can i be her sponsor as same time on US.
your answer and advice will be greatly apreciated
21:47 on March 30th, 2010
hello,
i am confused i am a u.s. citizen and im 21, and i want to know if i can petition for my step-dad. and will it be concidered as an immidiate relative or prefence relative?
19:01 on April 5th, 2010
Mari,
You can petition your stepdad if he married your mother before your 18th birthday. He would be your immediate relative as a stepdad.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
8:19 on March 31st, 2010
Hi
I am green card holder. I have a daughter 19 years old. She is overseas. My questions is How long it will take to bring her here and make her a legal resident?
Thanks
Eter
19:12 on April 5th, 2010
Eter,
You can apply for her now…she would be under the Family Second Preference (A). June 2006 is the current wait time. See this post for more information on that. So, if you apply now, about 4 years. Keep in mind other options which may be available to you depending on how you received your green card and if and when you are eligible for citizenship.
Best of luck.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
5:28 on April 2nd, 2010
Hello i have only just come across your web-site which i find interesting.
My question is my daughter lives in the USA and is a Green Card Holder…….she has applied for citizenship and has been waiting for almost two yrs for them to call her. I am a citizen of the UK and of course i want to be with my daughter and grandson……Can she do anything now so that i can be with her in the USA while she awaits her citizenship. Please Help….
Thank you.
18:37 on April 5th, 2010
Hello Elnora,
First of all, it seems a bit long to be waiting two years for citizenship to be approved. Is she having a problem with her application? As for you, if you are a UK citizen, you can come to the U.S. under a visa waiver. If you want more info about that see this post. If you are not a U.K. citizen, you could apply for a tourist visa to come visit your grandson, but you’ll probably only be allowed to stay for about 6 months each time you come in. It depends on what the officer at the border stamps on your visa. If you are visiting at the time your daughter becomes a citizen it is possible for you to wait here while your petition is processed. You should be careful about your timing however – you want to make sure that you are not deemed to have intended to immigrate when coming in on the tourist visa.
Good luck!
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
4:00 on April 12th, 2010
Thank you very much for your reply…. Her application was sent back because she missed out on a question but she sent it back a long time ago….. i agree with you it has been a long time. I notice with some of you questions you say that someone that holds a green card is able to apply for a green card for a relative…… i maybe reading this wrong…..
Again thank you for you response.
16:45 on April 2nd, 2010
hi, i wanna know how long it takes for a person to get their green card throu a brother or sister, im colombian and im currently living in the us, would it take less years since im in the country already? and if my brother is the military is there any benifist from that? i mean like less waiting. thank you
18:51 on April 5th, 2010
Hi James,
It’s taking over 10 years for brother/sisters of U.S. Citizens to come to the U.S. It makes no difference if you are already here, but you do have to be in legal status, or you may not be allowed to receive your green card while in the U.S., if at all. As a sibling, there really is no particular consideration given to you as the the brother of a U.S. serviceman. You may want to see what potential routes there are through your parents, as your brother may be able to apply for your parents and in turn your parents may apply for you. However, that may take just as long or longer depending on other factors such as your age.
Best of luck.
Vida
This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.
18:33 on February 3rd, 2010
It is unclear from your email whether you have stayed here long enough in the U.S. to apply for citizenship. If you obtained your green card from sponsorship by a family member (not a spouse), then you can apply for citizenship after 5 years (technically 90 days before 5 years are met). But you have to maintained presence here in the U.S. If you’ve gone out of the U.S. and stayed out for too long, then you may not have accumulated enough time here to file for citizenship. If you are close and want to stay here, I would recommend staying long enough to get your citizenship. Only citizens can apply for fiancee visas.
Thank you,
Vida Gosrisirikul
Please note, this post does not constitute legal advice and this does not create an attorney-client relationship.
Any engagement of our services has to be done in writing between the parties.
18:39 on February 3rd, 2010
Yes,
Only a U.S. Citizen can sponsor his/her parent.
Vida Gosrisirikul
Please note, this post does not constitute legal advice and this does not create an attorney-client relationship.
Any engagement of our services has to be done in writing between the parties.