Family-Sponsored Immigration

Family-sponsored immigration is a program through which a U.S. citizen or lawful permanent resident sponsors an immediate family member or a certain relative residing abroad so that they may be granted lawful permanent residence within the United States.

U.S. immigration policy fundamentally values family unity, and it is divided according to the family relationship into an unlimited issuance group (IR) and a priority issuance group subject to annual quotas (Family Preference).

Family-sponsored immigration is broadly divided into the following two types.

• Immediate Relative Immigrant Visas (IR): spouses, parents, and unmarried children under 21 • The closest family relationships, with no annual quota limit

• Family Preference Immigrant Visas: siblings, unmarried adult children aged 21 or older • and the spouses of permanent residents. An annual issuance quota limit applies

Those who may petition for family-sponsored immigration are as follows.

A U.S. permanent resident cannot sponsor siblings or married children.

The family-sponsored immigration process proceeds through the stages of the citizen's or permanent resident's petition stage → approval → visa issuance (or adjustment of status) → entry or acquisition of permanent residence.

1) Filing the Petition (I-130)

The sponsor must file Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS).

The filing date then becomes the Priority Date, which serves as the basis for the subsequent waiting order in the visa quota.

2) Approval and Transfer to the NVC

Once the I-130 petition is approved by the U.S. Citizenship and Immigration Services, the documents are transferred to the National Visa Center (NVC).

For immediate relatives (IR), the immigrant visa process proceeds at once without any separate waiting period, and for preference relatives (F1 through F4), interview schedules are assigned in order according to the priority date.

3) Visa Interview and Issuance

The NVC requests the necessary additional documents and payment of fees.

After that, once all requirements are met, the interview is conducted at the relevant U.S. Embassy in Korea or the embassy in the place of residence.

If approval is granted after the interview, the immigrant visa is issued.

When entering the United States holding the immigrant visa, permanent residence is granted unconditionally at the port of entry.

The permanent resident card is received by mail after entry.

Every family-sponsored immigration petitioner must take economic responsibility for the sponsored person's life in the United States through an Affidavit of Support (I-864).

The sponsor is usually the petitioner; however, if income is insufficient, a co-sponsor may be added.

The sponsor must hold income of at least 125% of the Federal Poverty Guideline, that is, the income standard used by the U.S. federal government to set eligibility criteria for various programs for low-income individuals.

For a household of four, income of at least 40,187 dollars is required.

• Co-Sponsor : the co-signature of a U.S. citizen or permanent resident who separately meets the qualifications from the principal applicant
• Use of Assets Permitted : if certain requirements are met, a shortfall in income may be substituted with assets

1. Proof of Relationship

• Documents proving the petitioner's citizenship or permanent residence
• Birth certificates of parents, siblings, children, and others
• Marriage certificate with the spouse
• Adoption certificate for adopted children, and others

2. Financial Sponsorship Related

• Tax returns for the past 3 years (IRS Transcript)
• Income documents (pay stubs, employer letters, severance pay, and others)
• Social Security Administration earnings statement
• Asset documents (proof of the location, ownership, and value of each asset)

3. Proof of Identity

• Proof of the sponsor's citizenship (passport, naturalization certificate, and others) or a copy of the permanent resident card
• Materials proving the marital relationship (to prevent sham marriages, substantive proof such as actual cohabitation and joint financial management is required)