Green Card Holder Family Sponsorship

By Nita Nicole Upadhye

Table of Contents

For many green card holders, the ability to bring close family members to the United States is one of the most important benefits of permanent residency. The process, however, is not as broad or as fast as it is for US citizens. Only certain relatives are eligible, and the wait for visas can stretch from months to many years depending on the family category and country of origin.

While the rules can feel technical, the impact on families is deeply personal, shaping when and how loved ones can join you in the United States. So before making plans, it’s important to be clear on who you can sponsor, how the petition process works and what to expect with waiting times.

This guide explains the options available to green card holders, the steps involved, and the challenges to be aware of at every stage.

 

Section A: Who Green Card Holders Can Sponsor

 

Lawful permanent residents (LPRs), commonly called green card holders, do have the ability to sponsor certain relatives for US immigration. However, the law limits the scope of family sponsorship for LPRs when compared with US citizens. Whereas US citizens can file petitions for parents, siblings, and both married and unmarried children, green card holders are restricted to sponsoring only their spouse and unmarried children.

The legal basis for this comes from the Immigration and Nationality Act (INA), which sets out different family immigration categories. For permanent residents, the sponsorship options fall under the family second preference (F2) category. This category is divided into F2A, covering spouses and unmarried children under 21, and F2B, covering unmarried adult sons and daughters aged 21 or older.

Green card holders cannot sponsor their parents, married children, or siblings until they become US citizens through naturalization. For many families, this means that upgrading the sponsor’s immigration status to citizenship is a key strategic step if broader family reunification is the long-term goal.

 

1. Eligible Relatives

 

A green card holder’s sponsorship options are limited to specific family members under the family second preference (F2) visa category. The F2A category applies to a permanent resident’s spouse and unmarried children under 21. The F2B category applies to unmarried sons and daughters aged 21 and over. Both categories require proof of the qualifying family relationship and are subject to annual numerical limits, which creates waiting lists.

For spouses, the green card holder must provide evidence of a legally valid marriage, along with proof that the marriage is genuine and not entered into for immigration purposes. For children, eligibility depends on the child being unmarried at the time of the application. If a child marries, the petition automatically becomes invalid unless the sponsor later naturalizes and re-files under the immediate relative or married child category.

 

2. Relatives Who Cannot Be Sponsored

 

Certain relatives cannot be sponsored by green card holders. Parents, married children, and siblings are excluded from the scope of LPR sponsorship. To sponsor those relatives, the petitioner must first become a US citizen. This restriction often shapes family immigration strategies, with many applicants choosing to wait for naturalization before filing petitions for wider family reunification.

 

Eligible Relatives (F2A / F2B)Not Eligible Until Naturalization
Spouse of a lawful permanent residentParents of the green card holder
Unmarried children under 21 (F2A)Married sons and daughters (eligible under F3 only after naturalization)
Unmarried sons and daughters aged 21 or over (F2B)Brothers and sisters of the green card holder

 

 

Section B: Sponsorship Process and Requirements

 

The process of sponsoring a qualifying family member begins with filing Form I-130, Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). This petition establishes the existence of a valid family relationship between the permanent resident and the relative seeking immigration benefits. Without an approved I-130, no immigrant visa or adjustment of status application can proceed.

 

1. Filing Form I-130

 

The I-130 must be filed with supporting evidence. For a spouse, this includes a marriage certificate and proof of a bona fide relationship, such as joint financial records, photographs, or affidavits. For a child, the required evidence varies depending on whether the child was born in wedlock, out of wedlock, or adopted. Each filing also requires proof of the petitioner’s lawful permanent resident status, such as a copy of the green card.

The current government filing fee for Form I-130 is $675. Once filed, USCIS issues a receipt notice confirming the case has been opened. Processing can take several months or longer, depending on workload and whether USCIS issues a request for additional evidence. Approval of the I-130 does not by itself grant immigration status to the beneficiary but establishes their place in line for a visa number within the appropriate family preference category.

 

2. Visa Categories and Priority Dates

 

Family sponsorship for green card holders falls under the Family Second Preference (F2) category. Within this framework, there are two distinct visa classifications. The F2A category covers spouses and unmarried children under 21 of lawful permanent residents. The F2B category covers unmarried sons and daughters aged 21 or older of lawful permanent residents.

Because both categories are subject to annual numerical caps set by Congress, beneficiaries are placed into a waiting list system once the I-130 petition is approved. Each case is assigned a priority date, which is the date USCIS received the I-130. That date determines the applicant’s place in the visa queue.

The US Department of State publishes the Visa Bulletin every month to show which priority dates are current for each visa category and nationality. For many countries, the F2A category has historically moved more quickly, though it too can become backlogged. The F2B category typically faces longer delays, with waiting periods often spanning several years. Applicants from countries with high demand, such as Mexico and the Philippines, may experience even longer queues due to oversubscription.

For families, monitoring the Visa Bulletin is essential, as no immigrant visa can be issued until the priority date is current. Unlike immediate relatives of US citizens, who are not subject to quotas, family members of green card holders must wait until a visa number becomes available before moving forward with consular processing or adjustment of status.

 

 

Section C: Processing Times and Final Stages

 

Processing times for family-based petitions sponsored by green card holders depend on both USCIS case handling and the availability of visa numbers under the family preference categories. The I-130 petition itself often takes several months to a year for USCIS to adjudicate. After approval, the wait for an immigrant visa depends on the category and the applicant’s country of chargeability.

 

1. F2A Processing

 

For spouses and children under 21 in the F2A category, waiting times can vary. In some years, demand is lower and the category becomes “current” in the Visa Bulletin, meaning visas are immediately available. At other times, a backlog develops, creating waits of several months or longer.

 

2. F2B Processing

 

For unmarried sons and daughters over 21 in the F2B category, the wait is typically measured in years. Depending on nationality, the backlog may exceed a decade. Countries with historically high demand, such as Mexico and the Philippines, experience the longest waits.

 

3. Status While Waiting

 

It is important to understand that approval of the I-130 does not grant the relative legal status in the US while waiting. Unless the relative has an independent lawful status, they must remain outside the US until their priority date becomes current. Any unlawful presence during this time can create significant barriers when the visa is eventually available.

 

4. Final Immigration Routes

 

Once the I-130 petition is approved and a visa number becomes available, the beneficiary must complete the final stage of the process. The route taken depends on whether the relative is inside or outside the United States.

If the family member is already in the US and has maintained lawful status, they may be eligible to apply for adjustment of status using Form I-485. This process is handled by USCIS and allows the applicant to become a permanent resident without leaving the country. However, adjustment of status is only possible if the applicant entered the US lawfully and continues to meet eligibility requirements. Any history of unauthorized stay or employment may prevent approval.

If the family member is living abroad, they must go through consular processing at a US embassy or consulate. In these cases, the National Visa Center (NVC) coordinates the collection of fees and supporting documents before scheduling the visa interview overseas. The consular officer makes the final decision on issuing the immigrant visa.

Relatives in the US who are not eligible for adjustment of status must generally leave and pursue consular processing. Doing so can raise risks, especially if unlawful presence has accrued, since departing the US may trigger three- or ten-year re-entry bars. Legal advice is often crucial before deciding which route to take.

 

Section D: Work, Travel and Common Pitfalls

 

While waiting for their immigrant visa, most beneficiaries do not have an automatic right to work or travel. The rules differ depending on whether the relative is inside or outside the United States.

 

1. Work and Travel for Adjustment Applicants

 

For beneficiaries already in the US and applying through adjustment of status, work and travel may be possible while the application is pending. Alongside Form I-485, they can file Form I-765 for employment authorization and Form I-131 for advance parole. If approved, the employment authorization document (EAD) allows lawful work in the US, while advance parole permits international travel without abandoning the adjustment case. These permissions are temporary and only valid until a final green card decision is made.

It is also important to note that international travel before obtaining advance parole can result in the abandonment of an adjustment of status application. Families should plan carefully to avoid gaps in work authorization or complications from premature travel.

 

2. Work and Travel for Consular Processing Applicants

 

For relatives outside the US using consular processing, no work or travel rights exist until the immigrant visa is issued and they are admitted as a lawful permanent resident. Attempting to work in the US without authorization or entering on a temporary visa while awaiting immigrant processing can create complications or even lead to denial.

 

3. Common Challenges

 

Family sponsorship for green card holders presents several recurring difficulties that can delay or derail cases. One frequent issue is the long waiting lists under the F2B category, where applicants may wait many years before a visa becomes available. Families often underestimate how far backlogs can extend, particularly for Mexico and the Philippines.

Another common problem arises when children “age out.” If a child turns 21 before the priority date becomes current, they normally move from the F2A to the F2B category, leading to a significantly longer wait. The Child Status Protection Act (CSPA) may in some cases allow the child to retain eligibility, but the calculation is technical and must be applied carefully.

Marriage of a child beneficiary is another pitfall. If the unmarried son or daughter of a green card holder marries while the petition is pending, the I-130 is automatically revoked. The child may only regain eligibility once the parent becomes a US citizen and files a new petition in the married child category.

 

4. Documentation Issues

 

Documentation errors are also a source of denial. Missing proof of lawful permanent resident status, insufficient evidence of a genuine marriage, or inconsistencies between forms and supporting documents often lead to requests for evidence or outright refusal. Applicants must prepare petitions with care to avoid unnecessary delays.

 

Section E: Need Assistance?

 

Sponsoring a family member as a green card holder is a process that involves stringent eligibility rules, extensive paperwork and long waiting periods in many cases. Small mistakes with evidence or timing can result in refusals or years of additional delay.

If you are planning to bring a relative to the United States, speak with our experienced US immigration attorneys to ensure the strategy you choose is the best option for your circumstances.

 

Section F: FAQs

 

Can a green card holder sponsor parents?

Only US citizens can file immigrant petitions for their parents. A green card holder must first naturalize before being eligible to sponsor a parent for permanent residence.

 

Can a green card holder sponsor siblings?

Permanent residents cannot sponsor brothers or sisters. Once the petitioner becomes a US citizen, they may file a sibling petition, although the wait times are often more than a decade.

 

Can a green card holder sponsor a married child?

Marriage automatically disqualifies a child beneficiary of a permanent resident. The petition can only proceed once the parent naturalizes, at which point the child becomes eligible under the married son or daughter category of a US citizen.

 

How long does it take for a green card holder to sponsor a spouse?

Processing varies. The I-130 petition typically takes months to adjudicate. If the F2A category is current, the spouse may proceed to the visa stage without delay. If a backlog exists, waits can extend to a year or longer before a visa is available.

 

How long is the wait for an unmarried child over 21?

The F2B category often carries the longest delays. Depending on nationality, waiting periods may be several years, and in oversubscribed countries such as Mexico and the Philippines, more than a decade.

 

What happens if a child turns 21 while waiting?

Ordinarily, the child moves into the F2B category and faces a much longer wait. However, the Child Status Protection Act (CSPA) may in some cases allow the child to remain classified as under 21, depending on the timing of the petition and adjudication.

 

Can a sponsored family member work while waiting for approval?

No, not automatically. If applying for adjustment of status inside the US, the beneficiary may request an employment authorization document (EAD). If the case is processed abroad, no work authorization is available until the immigrant visa is issued and the person is admitted as a permanent resident.

 

Does filing an I-130 guarantee a green card?

No. An approved I-130 only confirms the qualifying family relationship and priority date. The beneficiary must still complete the immigrant visa or adjustment of status process, meet admissibility requirements, and wait for a visa number to become available.

 

Section G: Glossary

 

 

TermMeaning
Lawful Permanent Resident (LPR)A person authorized to live and work in the United States indefinitely. Also called a green card holder.
Family Second Preference (F2)Category covering certain relatives of LPRs, split into F2A and F2B, both subject to annual limits.
F2ASpouses and unmarried children under 21 of LPRs.
F2BUnmarried sons and daughters aged 21 or older of LPRs, often with long backlogs.
Form I-130Petition used to establish the qualifying family relationship and secure a priority date.
Priority DateThe date USCIS receives the I-130. Determines a case’s place in line for a visa number.
Visa BulletinMonthly State Department publication showing which priority dates are eligible for visa processing.
Adjustment of StatusProcess for applicants already in the US to apply for a green card without leaving the country.
Consular ProcessingProcess for applicants abroad to obtain an immigrant visa through a US embassy or consulate.
Child Status Protection Act (CSPA)Law that can freeze a child’s age for immigration purposes, sometimes preserving F2A eligibility after turning 21.

 

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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