- The US government has explained who qualifies to sponsor a family member for a permanent immigrant visa under the family-based immigration system
- US citizens aged 21 and above can file an immigrant visa petition for a broader range of relatives than green card holders
- The two categories of family-based immigrant visas differ in eligibility and the number of visas available each fiscal year
The United States government has clarified the rules around family-based immigration, confirming that a US citizen who is at least 21 years old can petition for a sibling to receive an immigrant visa and live permanently in the country.
According to the US Department of State, any foreign national who wants to become a lawful permanent resident of the US must first secure an immigrant visa.
Photo Credit: Win McNamee
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To do so, they need a sponsor who is either a US citizen or a US Lawful Permanent Resident (LPR), commonly known as a green card holder, and who is at least 21 years of age.
Two categories of US family-based visas
The family-based immigration system is split into two categories. The first covers immediate relatives of US citizens, which includes spouses, children, and parents. Visas in this category are not subject to an annual cap, meaning eligible applicants do not face the same waiting period caused by numerical limits.
The second category covers what the government calls family preference visas. These apply to more distant family relationships with a US citizen, as well as some specific relationships with a Green Card holder.
Unlike the immediate relative category, the number of visas issued under this group is capped every fiscal year, which can mean longer wait times for applicants.
Who can be petitioned and by whom
The distinction between what a US citizen and a Green Card holder can do is significant. A US citizen aged 21 or older is eligible to file a petition for a spouse, a son or daughter, a parent, or a brother or sister.
A US Lawful Permanent Resident, on the other hand, can only file a petition for a spouse or an unmarried son or daughter. Brothers and sisters of green card holders do not qualify under the family-based immigration rules.
This means that for a Nigerian or other African national hoping to join a sibling already living in the US, the route is only open if that sibling has become a full US citizen, not merely a permanent resident.
In a related story, Legit.ng reported that the US had named four relatives that citizens can bring to America through family visas.
US age limit for children joining parents
Meanwhile, Legit.ng previously reported that the US had disclosed the age limit for children joining their parents in America via the family visa route.
According to guidance published by the US Department of State, children must also be eligible under the specific visa classification their parent holds.
All three conditions — age, marital status, and visa eligibility — must be met at the time the child enters the United States, not at the time of the application.
Source: Legit.ng