A U.S. citizen can sponsor various foreign-born family members to immigrate to the United States. Only very close familial relationships, however, qualify for a family-based immigrant visa under U.S. immigration law. U.S. citizens can directly sponsor only their spouses, children, parents, and siblings to immigrate to the United States.
U.S. citizens might be able to indirectly sponsor other relatives (for example someone could sponsor a parent and then that parent could in turn sponsor their parent, the original petitioner’s grandparent). However, the process of obtaining lawful residency and citizenship in the U.S. takes so many years that this type of so-called “chain” migration is typically not feasible.
Why “Chain” Migration Is Not As Extensive as It Sounds
Let’s say a U.S. citizen, most of whose family lives overseas, wants to begin the process that would lead to his maternal uncle being granted a visa to immigrate to the United States through family-based migration. The citizen would first have to petition for his mother on USCIS Form I-130 (assuming she is foreign-born but wants to immigrate to the United States). Even for that step, however, the citizen would need to have reached the age of 21 or older.
The process of getting that first I-130 approved by U.S. Citizenship and Immigration Services (USCIS) is likely to take a year or so. Fortunately, the parent of a U.S. citizen is considered an "immediate relative," so there's no annual limit on the number of visas that can be approved in this category (which could add more time to the wait).
After the U.S. citizen's mother obtains a green card and holds onto residence for five years, she would then be eligible to apply for U.S. citizenship (assuming she met all the qualifications). After the lengthy citizenship application and swearing-in process (which can take at least a year), she would be able to petition for her brother (the original U.S. citizen petitioner’s uncle) to come to the United States.
Adding everything up so far, it is likely to take at least nine years for the original U.S.-citizen petitioner to simply start the process that could eventually lead to his uncle being able to immigrate the United States. (That's assuming there were no other problems or delays with the immigrant petitions and citizenship application.)
But it's far from over yet. After USCIS approves the I-130 petition for the uncle/brother, he faces a wait, because he is in a category with annual limits on visas; the family fourth preference category, or F4. He's facing a likely wait for an immigrant visa of around 15 years, while the wait from some countries, namely Mexico and the Philippines, is typically more like 20-plus years. That's based on current visa wait times and the country of origin of the brother. (It's all tracked through what's called a "priority date.")
Because the original U.S. citizen petitioner was, of legal necessity, over 21 when he started this process (and assuming the uncle is significantly older than him), the uncle might lose interest in immigrating or not even be alive by the time a U.S. immigrant visa would be available to him.
Talk to an experienced attorney to help figure out the fastest way to eventually sponsor a distant relative immigrate to the United States.
Limitations on Family-Based Visas for Immediate Relatives of U.S. Citizens
Even the process of U.S. citizens sponsoring very close relatives has limitations. For example, as mentioned, U.S. citizens cannot sponsor their parents until they themselves reach the age of 21.
U.S. citizens wishing to sponsor their children also face restrictions. If a U.S. citizen’s child is under the age of 21, a visa will be available immediately. By contrast, citizens whose children are over the age of 21 normally face years-long waits, in category F1, called "family first preference."
If a U.S. citizen’s child is over 21 and married (in the third preference family visa category, or F3), the wait for an immigrant visa is often more than 10 years for most applicants, and around 20 years from countries where demand for visas is high (usually Mexico and the Philippines).
It is a popular misconception that U.S. citizens are able to easily sponsor unlimited numbers of family members to immigrate to the United States. In reality, significant wait times can make it difficult for U.S. citizens to sponsor even close relatives, and U.S. citizens cannot directly sponsor non-immediate relatives (such as nieces, nephews, aunts, uncles, cousins and grandparents) to immigrate to the United States.
Do You Need to Hire an Immigration Attorney?
Immigration law is highly complex, but hiring a good attorney can help you wade through the options and strategize the best approach for your family. The lawyer can also help you prepare any needed application forms and documents and monitor your case until it reaches a successful conclusion.