Navigating the Process of Bringing Your Family to the United States

U.S. immigration regulations permit U.S. citizens, lawful permanent residents, certain temporary visa holders, and Green Card applicants to bring their children and spouses from overseas to live with them in the United States. This brief article offers practical details about the requirements and procedures for bringing family members to the U.S.

How can U.S. citizens and lawful permanent residents sponsor their family members to come to the U.S.?

Children (under 21) and spouses of U.S citizens are considered Immediate Relatives. They can apply for a Green Card at any time (*parents of adult U.S. citizens are also regarded as Immediate Relatives). The first step will be for U.S. citizens to file an I-130 Petition for their relatives. Once the I-130 Petition is approved, the Online Immigrant Visa (Green Card) application can be filed. If the relatives change status within the U.S., the I-130 Petition and Green Card application through Adjustment of Status can be filed concurrently with USCIS.

All other petitions fall under the Visa Cap, meaning applicants can only seek a Green Card if their priority date (the date the I-130 was filed) precedes the cut-off date for their preference category and country of birth. There are four preference categories:

• First, unmarried sons and daughters (older than 21) of U.S. citizens.

• Second, spouses, children, unmarried sons, and daughters (older than 21) of Permanent Residents.

• Third, married sons and daughters (aged 21 or older) of U.S. citizens.

• Fourth, brothers and sisters of adult U.S. citizens.

The Department of Homeland Security issues a Visa Bulletin with monthly cut-off dates. The availability of priority dates can be current for some categories and countries and several years away for others. It changes over time and can move forward or backward.

Once the priority date becomes available, your relatives will be eligible to apply for a Green Card. This process includes the petitioner filing an Affidavit of Support, biometrics, a medical exam, and an interview at a U.S. consulate.

Can the children and spouses of temporary visa holders (E-2, E-1, H1-B, L-1, O-1, F-1) also enter the U.S.?

Individuals with non-immigrant visas can also bring their family members to the U.S. during their temporary stay. For instance, spouses and children (under 21) of H-1B visa holders are regarded as dependents and can obtain H-4 Nonimmigrant status. H-4 beneficiaries can remain in the U.S. only as long as the primary H-1B holder maintains a valid H-1B status. Generally, H-4 dependents are not eligible for work authorization, except in specific cases..

O-1 Visa holders can also bring their spouses and children under 21. The spouse and children may be eligible for an O-3 Nonimmigrant Visa, subject to the same admission period and limitations as the O-1 beneficiary. O-3 Visa holders may not work in the United States, but they may participate in full-time or part-time study.

L-1 Visa holders are also allowed to bring family members to the U.S. Spouses of L-1 workers with valid L-2 Nonimmigrant status are considered employment-authorized incident to their status. Thus, they are permitted to work upon admission.

The F-2 Visa is for a dependent spouse or an unmarried child (under 21) of F-1 Student Visa holders. F-2 status enables dependents to stay in the United States during the F-1 student's program.

How about family members of employment-based green card applicants?

If you are a green card applicant, whether you are applying through family members or an employment-based applicant, through an employer petition or self-petitioning (EB-2 with NIV, for example), you might also want to bring your relatives to the U.S.

Derivative Spouse

The derivative spouse of a Green Card applicant might be accorded the same priority date and classification as the applicant if the marriage existed when the applicant adjusted status or was admitted to the United States as an LPR. The marriage must also continue during the derivative's adjustment of status process, and the applicant must remain in LPR status.

Derivative Child

The child of a Green Card applicant may also be accorded the same priority date and classification as the applicant. The child must acquire the relationship before the principal applicant is admitted to the United States as an LPR and must maintain their status (child under 21 and unmarried) until obtaining their LPR status.

For further information or case-specific questions, please Contact Us.

*This article has been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Readers should contact an attorney for advice on any specific legal matter.