Immigration attorney: Caroly Pedersen
Now that the Republican Congress and Trump Administration are threatening to eliminate nearly the entire family Immigration system, it’s important to understand which family members you can currently sponsor and how long it will take them to immigrate to the U.S. Here’s how it works:
U.S. Citizens are eligible to sponsor:
1) Spouses, minor children and parents (called “Immediate Relatives”)
2) Adult single sons and daughters (and their minor children) F1,
3) Adult married sons and daughters (and their spouses and minor children) called F3 and
4) Brothers and sisters (and their spouses and minor children) called F4.
U.S. Residents are eligible to sponsor:
1) Spouses and minor children called F2A and
2) Adult single sons and daughters (and their minor children) called F2B. U.S. residents cannot sponsor their parents, Adult married sons and daughters or their Brothers and sisters. If a child who has been sponsored by a resident marries before the parent becomes a U.S. Citizen, the Immigration case is automatically cancelled, even if the child later divorces.
Waiting times for family members in all countries except Mexico/India and Philippines:
- Immediate relatives (spouses, minor children and parents of U.S. citizens), there is no waiting line, just USCIS and consular processing time (approx 8-12 months).
- F1 – Adult single sons and daughters of U.S. citizens, the waiting line is approx 7-8 years,
- F3 – Adult married sons and daughters of U.S. citizens, the waiting line is approx 12-14 years,
- F4 – Brothers and sisters of U.S. citizens, the waiting line is approx 13-15 years,
- F2A – spouses and minor children of U.S. residents, the waiting line is approx 1 1/2 – 2 years and,
- F2B -Adult single sons and daughters of U.S. residents, the waiting line is approximately 7-8 years.
Under current immigration regulations, once an Immigrant receives U.S. residency, (even conditional 2-year residency through marriage), and similarly when a resident becomes naturalized, they are eligible to sponsor any and all family members in any of the qualifying categories.
There is no limit on the number of family members which can be sponsored at the same time. For instance, a U.S. citizen can sponsor an adult, single daughter, a married son and three sisters and two brothers all at the same time. However, due to the difference in waiting times, each family member would be immigrating at different times, depending upon the family immigration category.
The recent immigration bill introduced in Congress, called the RAISE ACT, supported by Trump and most hard-line Republicans, will effectively eliminate all family based immigration. If the proposal is signed into law, no family members except spouses and minor children under age 21 will be allowed to immigrate to the U.S. going forward. However, those already sponsored now will remain eligible to immigrate, even if the law changes.
