Immigrants & Immigration

LPRs are people with permission to permanently live and work in the US. They are also commonly known as “green card holders.” LPR status is permanent. However, it can be revoked for violating immigration laws or committing certain crimes. LPR status can also be intentionally or unintentionally abandoned.

An LPR may be eligible to apply to become a US citizen after five years, or in some cases three years.

LPR status is different from nonimmigrant visa status. Nonimmigrant visas let people come to the US for a specific purpose and limited period of time. They are temporary.

A green card is a common term used for an LPR card. The green card is physical proof of someone's LPR status. LPRs are often referred to as green card holders. The process of getting LPR status is also known as getting a green card.

US citizens and LPRs may be able to sponsor certain family members for a green card. Non-citizen US nationals can also sponsor certain family members. They are people born in American Samoa or Swains Island.

Note: People convicted of certain crimes against minors generally cannot sponsor family members. 

It depends on whether the sponsor is a US citizen, LPR, or non-citizen US national. 

Note: LPRs and non-citizen US nationals can sponsor the same types of family members. Going forward, this article will refer only to LPR sponsors.

US citizens can sponsor:

• Their spouse,
• Any unmarried children under 21 years old, and
• Their parents, if the sponsor is at least 21 years old.

These three types of family members are called “immediate relatives.” They are immediately eligible to apply for a green card once their petition is approved. Only US citizens can sponsor immediate relatives.

US citizens can also sponsor some other family members, called “preference category” immigrants. Preference category immigrants may not be eligible for a green card right away.

US citizens can sponsor these people as preference category immigrants:

• Their unmarried adult sons or daughters,
• Their married sons and daughters, and
• Their brothers and sisters who are at least 21 years old.

LPRs can only sponsor:

• Their spouse,
• Their minor unmarried child under the age of 21, and
• Their unmarried adult child over 21 years of age.

All LPR beneficiaries are preference category immigrants. Unlike US citizens, LPRs cannot sponsor their parents, siblings, or their married adult children over 21 years old.

Immediate relatives are eligible for a visa as soon as their sponsor’s petition is approved. If the immediate relative beneficiary is in the US, and they’re eligible for adjustment of status, they can submit everything together to USCIS in one filing. This is known as a “one-step” filing or concurrent filing.

Advantages to doing a one-step filing are that everything can be submitted together at one time. This may make the process go faster since USCIS does not have to wait for the beneficiary to submit an application after the petition is approved. A disadvantage would be that all necessary filing fees must be paid together, which can be very expensive.
 

The Immigration and Nationality Act (INA) has a specific definition of child for family-based immigration purposes. To be considered a child, a person must be under 21 years old and unmarried. If a person meets the definition of child, then their US citizen or LPR parent can sponsor them for a green card.

If someone is under 21 years but legally married, they cannot be considered a child for immigration purposes. Legally adopted children can also meet this definition if they were adopted before they turned 16 years old and they have been in the legal and physical custody of the adopting parent or parents for at least two years before applying.

Step-children are considered the same as biological children, as long as their step-parent and biological parent married before the child was 16 years old.

In Illinois, children born when their biological parents were not married (also known as born “out of wedlock”) have the same rights as children born to married parents. Therefore, children born out of wedlock in Illinois can still be considered a child of a petitioning parent.

Note: For people living outside of Illinois, the rules for children out of wedlock may be different. Consult a local immigration attorney or Department of Justice (DOJ) accredited representative to learn more.

There are special rules about how to handle a child turning 21 before the green card process is complete. Learn more about aging out here.

Generally, getting a green card from a family member is a two-step process:

• Step 1: The sponsor must file a Form I-130, Petition for Alien Relative.
• Step 2: Once the I-130 is approved, the beneficiary can apply for a green card through adjustment of status or consular processing. 

Important: An approved Form I-130 provides no immigration status to the beneficiary. To get a green card, the beneficiary must file a separate application.

When the I-130 is approved, the beneficiary can file for a green card when a visa becomes available.

If the beneficiary is an immediate relative, they are immediately eligible to file for a green card when the petition is approved. If the beneficiary is in the US, they may even be able to file for a green card at the same time as they file their petition. This is called a “one-step” or concurrent filing. All non-immediate, preference category, relatives will have to wait until a visa becomes available.

If the beneficiary is outside of the US, they must consular process. This means they request a green card with the Department of State (DOS), and they are processed overseas. If the beneficiary is in the US, they can file an adjustment of status application with the US Citizenship and Immigration Services (USCIS). Even if a beneficiary is living in the US, they may not be able to adjust their status. The law may require them to leave the US and consular process in their home country. A lawyer can help navigate this complicated area of law. Anyone unsure of their immigration status should consult an immigration lawyer before deciding to leave the US.

In both cases, one can expect to pay fees, provide biometrics, and have an interview, before getting a green card.  

It depends on the type of criminal conviction. Generally, a US citizen or LPR convicted of a “specified offense against a minor” cannot sponsor a family member. This rule applies even if the US citizen or LPR is trying to sponsor a spouse or other adult. Various crimes against children that prevent someone from sponsoring a family member include:

• Kidnapping, 
• False imprisonment,
• Solicitation to engage in sexual conduct,
• Use in a sexual performance,
• Solicitation to practice prostitution,
• Video voyeurism,
• Child pornography, 
• Criminal sexual conduct against a minor, and
• The use of the internet to facilitate criminal sexual conduct against a minor.

People with these types of criminal convictions can only sponsor a family member if they can prove, beyond a reasonable doubt, they pose no risk to the family member they are sponsoring. This is a very high legal standard that can be difficult to prove. It is helpful to have a lawyer if a US citizen or LPR has this type of criminal conviction and wants to sponsor a family member.

Increased risk for LPR sponsors: Sponsors may be required to get their fingerprints taken at a biometrics appointment after they file their Form I-130. If an LPR sponsor has any of these types of convictions, the US government will learn about these convictions. The sponsor may be referred for deportation if their conviction is serious enough. LPR sponsors with criminal convictions should speak with an immigration attorney or DOJ-accredited representative to determine their risk.

A sponsor only needs to complete one form to petition a family member: Form 1-130 Petition for Alien Relative. This form shows the relationship between the sponsor and the immigrant family member, or beneficiary. 

The sponsor will need to provide evidence of their US citizenship, LPR status, or US national status. These can be copies of:

• A US passport,
• Certificate of Citizenship, or
• Birth certificate showing birth in the US.

The sponsor also needs to provide evidence of the family relationship, like a marriage certificate for a spouse or birth certificate for a child.  

If applying for a spouse, the sponsor should also provide evidence showing the marriage is “bona fide”. This means they must show the marriage was not entered into only for immigration purposes. The government will want to see that the sponsor and beneficiary got married because they wanted to build a life together. The petitioner can submit documents like:

• Mortgage or lease agreements showing they live with the beneficiary,
• Utility bills with both their names on it,
• Statements from jointly owned bank accounts, and
• Birth certificates of any children born to them.

The Form I-130 instructions list the specific documents needed for each type of application.  The government may also ask the sponsor to provide biometrics and further information for background checks.    

Note: When the beneficiary applies for their green card, the sponsor will need to also submit a Form I-864 affidavit of support.

Sponsors must submit a Form I-864 Affidavit of Support when the beneficiary applies for their green card. This is a legal contract the sponsor makes with the US government. It says that the sponsor has legal responsibility for financially supporting that family member.

The sponsor must show they have household income at or above 125% of the federal poverty line. The sponsor must also agree to financially support the beneficiary.  This legal responsibility generally lasts until the beneficiary becomes a US citizen or works for ten years. It ends if either the sponsor or the sponsored person dies, but it does not end with divorce. Even if they divorce, the sponsor is still financially responsible for the beneficiary. 

If the beneficiary receives certain public benefits, the sponsor may be responsible for paying back the government the value of those benefits. If the sponsor cannot meet the income requirements, another person must file an affidavit of support. This person is called a “joint sponsor.” The joint sponsor does not have to be related to the beneficiary.

As of July 2026, the fee to file a Form I-130 online is $625. It costs $675 to file by paper. This is just the fee for the Form I-130. There are no fee waivers available for the Form I-130.

When it comes time for the beneficiary to file for their green card, there are additional fees with that application. If the beneficiary is an immediate relative and eligible for adjustment of status, they can file the Form I-130 together with their adjustment of status application, and pay all the associated fees. The amount will vary depending on whether the beneficiary will need a waiver. There will also be costs associated with getting a medical exam.

USCIS offers a fee calculator on their website to help people get an estimate of their immigration related costs.

The process can take many years. First, the Form I-130 has to be approved. To determine how long Form I-130s are taking to be approved, go to the USCIS Processing Times page. As of July 2026, I-130s filed by US citizens for immediate relatives are taking 72 months to process. After the petition is approved, then the beneficiary must apply for a green card, either through adjustment of status or consular processing. Once submitted, this can also take months to years to be approved.

For approved immediate relatives, visas are always available with no wait time. Even if they do a one-step filing, it still takes time to process the application, and this can take months to years. 

Some common challenges with family-based sponsorship are:

• The sponsor’s need to show financial support of the beneficiary,
• Potentially, very long wait times for visa availability,
• Proving a marriage is bona fide and not fraudulent, 
• Gathering and translating documents needed for the application,
• Navigating inadmissibility, and
• Paying fees.

Consult with an experienced immigration attorney or DOJ-accredited representative before deciding to sponsor a family member. They can help assess how risky it is for the sponsor, prepare the applications, and select the best evidence for the application.