Family immigration begins when a relative files a paper (petition) with the US Immigration Service. The person who submits the petition is called the Sponsor and the person being sponsored is called the beneficiary. The Priority Date is the date the petition is submitted to the Bureau of Citizenship and Immigration Services (BCIS).
A sponsor must be a legal resident (green card holder) or a US citizen.
A US Citizen can file a petition for immediate relatives [spouse (husband or wife), child (if under 21 years old and unmarried), or parent (of a US Citizen)]. These people are the relatives of a US Citizen and are exempt from waiting for immigrant quotas (There is in fact never a shortage of immigrant visas for Immediate Relatives). They do not appear in the Visa Bulletin preference quota lists and could be admitted to permanent residence without any numerical or national limitation.
Immediate Relatives
The Spouse (husband or wife), the child (if under 21 years old and unmarried), and the parent of a US Citizen are called Immediate Relatives. They are the relatives of a US Citizen who are exempt from waiting for immigrant quotas. There is never a waiting list or a shortage of immigrant visas (green cards) for Immediate Relatives. They do not appear in the Visa Bulletin preference quota lists since the quota preference system does not apply to Immediate Relatives. They are admitted to permanent residence without any numerical or national limitation.
Petition procedure :
The US citizen sponsor submits a petition to the BCIS for each Immediate Relative being sponsored together with the required proof of: the relationship and the citizen status. Approval of the petition allows the beneficiary to apply for an immigrant visa at a US consulate or if in the US, to apply to the BCIS for adjustment of status to that of a resident.
• Sponsorship by Permanent Resident :
The Permanent Resident submits a petition to the BCIS for spouse or child together with the required proof: of the relationship and that of the legal resident status. Approval of the petition allows the beneficiary and his/her family members to apply for an immigrant visa at a US consulate or, to apply to the BCIS for adjustment of status to resident (in case he/she is in the US).
