Living in the United States while your closest family or friends are in another country can be challenging. Fortunately, for certain relationships, U.S. immigration law provides pathways for reunification.
As a U.S. citizen or Legal Permanent Resident (LPR), you can be the crucial link that helps a loved one begin a new life in America. However, it’s vital to understand the difference between petitioning for a family member and simply inviting a friend—the legal processes are very distinct.
Here is an overview of the most common ways U.S. residents can petition for a loved one to immigrate.
1. Sponsoring Immediate Family Members (Family-Based Green Card)
The most direct and common route is through family-based immigration. Your relationship to the beneficiary (the person you are petitioning for) determines the process, the cost, and the waiting time.
A. If You Are a U.S. Citizen (USC)
U.S. Citizens have the broadest sponsorship options. Your relatives fall into two main categories:
| Category | Relationship to U.S. Citizen | Visa Wait Time |
| Immediate Relatives (IR) | Spouses, unmarried children under 21, and parents (if the USC is 21 or older). | No wait time for a visa number. These cases are processed the fastest. |
| Family Preference Categories (F1, F3, F4) | Unmarried sons and daughters (age 21+), married sons and daughters, and siblings (if the USC is 21 or older). | Subject to annual limits, resulting in potentially long waiting periods based on the country and preference category. |
B. If You Are a Lawful Permanent Resident (LPR / Green Card Holder)
LPRs have more limited options:
| Category | Relationship to LPR | Visa Wait Time |
| Family Preference Categories (F2A, F2B) | Spouses and unmarried children under 21 (F2A), and unmarried sons and daughters (age 21+) (F2B). | Subject to annual limits, often resulting in significant wait times. |
The Basic Process (Form I-130)
- File the Petition: The process always starts with the U.S. citizen or LPR filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the legitimate relationship.
- Wait for Approval and Visa Availability: Once the I-130 is approved, immediate relatives (IRs) can move to the next step. For all Family Preference categories (F1, F2, F3, F4), the beneficiary must wait for a visa number to become available, as indicated in the Department of State’s Visa Bulletin. This can take months or years.
- Green Card Application: Once a visa is available, the loved one can apply for the Green Card either through Consular Processing (if they are outside the U.S.) or Adjustment of Status (if they are legally inside the U.S.).
2. Bringing a Fiancé(e) (K-1 Visa)
If you are a U.S. citizen and plan to marry your foreign fiancé(e) in the U.S., the K-1 nonimmigrant visa is the pathway. Green Card holders cannot sponsor a fiancé(e) on a K-1 visa.
- Requirements: You must be a U.S. citizen, both of you must be legally free to marry, and you must have met in person at least once in the two years before filing (with limited exceptions).
- The Process:
- The USC files Form I-129F, Petition for Alien Fiancé(e).
- Once approved, the fiancé(e) applies for the K-1 visa at a U.S. embassy or consulate abroad.
- If approved, the fiancé(e) enters the U.S. and the couple must marry within 90 days.
- After marriage, the foreign spouse files for Adjustment of Status (Form I-485) to get their Green Card.
3. Sponsoring a Friend (A Note on Limitations)
Many people ask about bringing a non-relative friend to the U.S. Unfortunately, you cannot petition for a friend to immigrate based on friendship alone.
Immigration pathways are generally restricted to:
- Close Family: As outlined above.
- Employment: The friend must be sponsored by an employer for a work-based visa.
- Refugee/Asylum: The friend must apply for protection based on fear of persecution.
- The Diversity Visa Program: The annual Green Card Lottery.
How You Can Still Help a Friend: Financial Sponsorship
While you can’t petition for them, you can provide financial support if they have a qualified family member petitioning for them or if they come through certain work-based visas. This involves filing Form I-864, Affidavit of Support, which is a legal commitment to support the immigrant financially at 125% of the Federal Poverty Guidelines.
Important Reminder: Seek Professional Advice
The U.S. immigration system is complex, with forms, fees, and wait times that are constantly changing. This blog post is a general overview, not legal advice.
Before beginning any process, it is highly recommended to consult with an experienced immigration attorney or an accredited representative. They can help you determine the most appropriate visa category, ensure your documentation is correct, and help you navigate the process to bring your loved one home.
The journey may require patience and perseverance, but the reward of bringing your family or loved one to the U.S. is immeasurable!
