United States Immigration and Nationality Law
Law Services: Family-Based Immigration

A foreign national who wishes to permanently live in the United States can be "sponsored" by certain relatives. A U.S. Citizen relative may "sponsor" the following foreign national relatives to immigrate to the United States:
If the sponsor is a U.S. Legal Permanent Resident (i.e., has a "greencard"), they may petition for the following foreign national relatives to immigrate to the United States:
The "sponsor" must be able to prove that they can support the foreign national relative at 125% above the mandated poverty line, by filing a mandatory Affidavit of Support. (If they cannot meet this criterion, they may utilize the aid of a "co-sponsor", as well).

A person wanting to immigrate as the relative of a U.S. Citizen or U.S. Legal Permanent Resident must obtain an immigrant visa number based on the preference category in which they fall:

Immediate Relatives of a U.S. Citizen: This includes parents, spouses and unmarried children under the age of 21. People in this category do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available.

All Others: Relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences, as follows:
  • First preference: Unmarried, adult children of U.S. citizens. (Under the immigration laws, "adult" means persons 21 years of age or older).
  • Second Preference: Spouses of U.S. Legal Permanent Residents, their unmarried children (under 21 years old), and the unmarried children of U.S. Legal Permanent Residents.
  • Third Preference: Married children of U.S. Citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. Citizens.
When U.S. Citizenship and Immigration Services ("USCIS") approves the visa petition (Form I-130, Petition for Alien Relative), the person who filed the visa petition is notified. Then, USCIS sends the approved visa petition to the U.S. Department of State's National Visa Center ("NVC"), where it will remain until an immigrant visa number is available. The NVC notifies the foreign national relative when the visa petition is received and again when an immigrant visa number is available. Lastly, the foreign national relative will be interviewed at a U.S. Embassy or Consulate abroad, closest to where they are currently residing.


For more information on "sponsoring" a relative for U.S. Legal Permanent Residence, the Affidavit of Support requirements or other Family-Based issues, please contact our office at (310) 475-4779 or email us at hassonlaw@hotmail.com.


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Aron Hasson, Founder Aron obtained his Bachelor's Degree from the University of California, Santa Barbara in 1974 and his Juris Doctor Degree from the University of La Verne in August 1978.
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Marlene Hemmings, Senior Associate with the firm, has been practicing Immigration and Nationality Law since 1997...
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