Frequently Asked Questions (FAQs)
What is USCIS?
USCIS stands for U.S. Citizenship and Immigration Services, the federal agency responsible for handling immigration matters in the United States. This includes processing immigrant petitions and applications for Family-Based Immigration. Before March 2003, USCIS was known as the Immigration and Naturalization Service (INS) and briefly as the Bureau of Citizenship and Immigration Services (BCIS). For simplicity, we use the current name, U.S. Citizenship and Immigration Services (USCIS).
What is Family-Based Immigration?
Family-Based Immigration is a process allowing individuals to become U.S. permanent residents through specific family relationships. Typically, a U.S. citizen (USC) or lawful permanent resident (LPR) files an immigration petition on behalf of a family member. The person filing is the “Sponsor,” and the family member being petitioned for is the “Beneficiary.”
Who Can Be a Sponsor?
A Sponsor must be a U.S. citizen or lawful permanent resident and meet certain legal and financial requirements. Sponsors must provide an affidavit of support, pledging to maintain the Beneficiary’s living standards at no less than 125% of the federal poverty line. This responsibility lasts until the Beneficiary becomes a U.S. citizen or has worked in the U.S. for 40 qualifying quarters.
Can a U.S.-born child petition for their foreign-born parents?
No. A U.S.-born child must be at least 21 years old to sponsor their parents for immigration.
Can lawful permanent residents petition for their parents?
No, only U.S. citizens can petition to bring their parents to live in the United States.
Who Qualifies as a Beneficiary?
Immediate relatives of U.S. citizens—such as parents, spouses, widows, and unmarried children under 21—are not subject to immigration quotas. Other family members fall into specific preference categories with annual numerical limits. These categories are:
- First Preference: Unmarried adult children of U.S. citizens.
- Second Preference: Spouses and unmarried children of lawful permanent residents.
- Third Preference: Married children of U.S. citizens.
- Fourth Preference: Siblings of U.S. citizens (the petitioner must be at least 21 years old).
What documents are required for a spouse’s immigration petition?
As a U.S. citizen petitioning for your spouse, you’ll generally need:
- Form I-130, Petition for Alien Relative.
- Proof of citizenship (e.g., birth certificate or passport).
- Marriage certificate.
- Divorce decrees or death certificates, if applicable.
- G-325A forms for both spouses.
- Two passport-style photos for each spouse.
Can I include my family in my immigration petition?
If you are a married child of a U.S. citizen, your spouse and children can be included in your immigration petition. Separate petitions are not required.
What is a Conditional Green Card?
If a marriage-based Green Card is granted less than two years after marriage, the Beneficiary receives a Conditional Green Card. To remove the conditions, both spouses must jointly file a petition within 90 days before the second anniversary of receiving permanent residency. Failure to do so can result in the termination of permanent resident status.
What is a Fiancé(e) Visa?
A K-1 visa is issued to foreign fiancés of U.S. citizens, allowing them to enter the U.S. to marry their Sponsor. The marriage must take place within 90 days of entry. The Sponsor must file a petition with USCIS, and once approved, the fiancé applies for the K-1 visa at a U.S. consulate abroad.
Can new immigrants work in the U.S.?
Yes. Immigrants awaiting permanent residency can apply for an Employment Authorization Document (EAD), allowing them to work legally before receiving their Green Card.
What if a Beneficiary needs to travel during the Green Card process?
Applicants awaiting Green Card approval can apply for Advance Parole, which permits international travel without affecting their application, provided they have maintained legal status in the U.S.
What is the income requirement for Sponsorship?
Sponsors must meet an income threshold of 125% above the federal poverty line for their household size. Co-sponsors may assist if the primary Sponsor does not meet the requirement.
Who can be a Co-Sponsor?
A Co-Sponsor must be a U.S. citizen or lawful permanent resident, at least 18 years old, and meet domicile and income requirements. Multiple Co-Sponsors are allowed if needed.
Can assets count toward the financial requirement?
Yes, assets can supplement income if they are readily convertible to cash within 12 months. The value of assets must exceed five times the income shortfall.
Is the Affidavit of Support legally binding?
Yes. Sponsors remain financially responsible even if the marriage ends in divorce. Government agencies or the Beneficiary can enforce the affidavit if the Sponsor fails to meet their obligations.
