Immigration
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Yes, if you’re a US citizen or lawful permanent resident, you may be able to apply for family-based immigration. Generally, US citizens can sponsor their spouse and children, as well as their siblings and parents (if the US citizen is at least 21 years old). Lawful permanent residents can generally sponsor their spouse and unmarried children. The process begins by submitting a Petition for Alien Relative (I-130 packet) with U.S. Citizenship and Immigration Services (USCIS). You’ll also need documentation proving your own citizenship or resident status and your relationship to the family member you’re sponsoring. Once the visa petition is approved and an immigrant visa is available, your relative will have to determine whether they can process locally with USCIS or must process abroad at a US consulate.

Not everyone with an approved visa petition can immediately obtain status. Visas in some family-based categories are immediately available while other categories are backlogged. It is important to determine eligibility before beginning the process as well as understanding any negative impact from filing a petition. Filing a family-based visa petition in some cases can carry negative consequences for the foreign national’s current status or lack of status.

US citizens and lawful permanent residents typically can sponsor a spouse, starting by submitting the I-130 packet (Petition for Alien Relative). Spouses of US citizens are considered “immediate relatives” under the immigration law. This means that they may either adjust their status in the US, if they were admitted or paroled, or obtain a visa at a US consulate abroad. Spouses of lawful permanent residents, however, are not considered “immediate relatives.” This means they may adjust status in the US if a visa is available, they were admitted or paroled, and are currently in status. If not, they must wait for a visa to become available and obtain a visa at a US consulate abroad.

Yes, the intended spouse of a US citizen is typically eligible to apply for a K-1 visa, known as a fiancé visa, provided the couple has met at least once in person in the last two years. K-1 visas require that the marriage takes place in the United States within 90 days of arrival on the K-1 visa. After admission on the K-1 visa, and once the marriage takes place, the foreign national spouse may proceed to apply for adjustment to lawful permanent resident (i.e., a “Green Card”). Minor children of the foreign national fiancé may also accompany their parents in K-2 status.

There are a vast number of Green Card categories based on, among others, family relationships, employment, educational pursuits, asylee status, and extraordinary ability. You can find a comprehensive list on the Antonini & Cohen site.