In U.S. immigration law, the term “alien relative” refers to a non-U.S. citizen family member who is eligible for sponsorship by a U.S. citizen or lawful permanent resident (LPR) to live in the United States. This sponsorship is often part of the family-based immigration process, allowing close relatives to apply for a green card (permanent residence) through family petitions. Here’s a breakdown of what “alien relative” means, who qualifies, and how U.S. residents and citizens can petition for them.
1. What Does “Alien Relative” Mean?
In the context of U.S. immigration, an “alien relative” is a foreign national who has a qualifying family relationship with a U.S. citizen or lawful permanent resident (LPR) and may be eligible for a green card through family-based immigration.
Common Examples of Alien Relatives:
- Spouses, children, and parents of U.S. citizens
- Siblings of U.S. citizens
- Spouses and unmarried children of lawful permanent residents (LPRs)
The term “alien” is a legal term used in U.S. law to refer to any person who is not a citizen or national of the United States.
2. Who Can Petition for an Alien Relative?
To petition for an alien relative, the sponsor must be a U.S. citizen or lawful permanent resident and must be able to prove their relationship with the foreign national. The type of family relationship determines the petition process and priority level.
For U.S. Citizens
U.S. citizens can petition for the following relatives:
- Immediate Relatives: Spouses, unmarried children under 21, and parents (if the petitioner is 21 or older)
- Other Family Members: Unmarried children over 21, married children of any age, and siblings (if the petitioner is 21 or older)
For Lawful Permanent Residents (Green Card Holders)
Lawful permanent residents can petition for:
- Spouses
- Unmarried children (any age)
Note: Only U.S. citizens can petition for siblings and married children.
3. Petitioning Process for an Alien Relative
The petitioning process begins with the U.S. citizen or LPR submitting Form I-130, Petition for Alien Relative to U.S. Citizenship and Immigration Services (USCIS). The approval of this petition confirms the family relationship and is the first step in the green card process.
Steps to Petition for an Alien Relative:
- Submit Form I-130: The petitioner (U.S. citizen or LPR) submits Form I-130, along with documentation proving the family relationship (e.g., birth certificates, marriage certificates).
- Approval of I-130: If USCIS approves Form I-130, the alien relative’s priority date is established, which determines their place in line for a visa.
- Visa Availability: Immediate relatives of U.S. citizens have visas available immediately, while other family members may face waiting times based on their category.
- Green Card Application: Once a visa becomes available, the alien relative can apply for a green card through consular processing (if they are outside the U.S.) or adjustment of status (if they are already in the U.S.).
4. Understanding Preference Categories for Alien Relatives
In family-based immigration, certain alien relatives fall into preference categories, which prioritize the availability of green cards.
- Immediate Relatives: Spouses, children under 21, and parents of U.S. citizens; visas are immediately available.
- Family Preference Categories:
- F1: Unmarried adult children of U.S. citizens
- F2A: Spouses and unmarried children under 21 of lawful permanent residents
- F2B: Unmarried children (21 and older) of lawful permanent residents
- F3: Married children of U.S. citizens
- F4: Siblings of U.S. citizens
Note: Immediate relatives are not subject to annual caps, while family preference categories have limited visa availability, resulting in wait times.
5. Frequently Asked Questions (FAQs)
1. What documents are required to file an I-130 petition for an alien relative?
Required documents include proof of the petitioner’s status, proof of the relationship, and any relevant documentation (such as birth certificates, marriage certificates, or photos).
2. Can a green card holder petition for a sibling?
No, only U.S. citizens can petition for their siblings.
3. How long does it take for an alien relative to get a green card?
The waiting time varies. Immediate relatives of U.S. citizens often have faster processing, while preference categories can have long wait times based on demand.
4. Can I petition for my fiancé as an alien relative?
No, a fiancé does not qualify as an alien relative, but U.S. citizens can apply for a K-1 Fiancé Visa.
5. Can an alien relative work in the U.S. while waiting for a green card?
In certain cases, yes. If the alien relative is in the U.S. and eligible for adjustment of status, they can apply for a work permit.