Sponsor a Relative for a Green Card While on a Temporary Visa

Thinking about sponsoring a family member for a green card but worried your temporary visa status might hold you back? Here's some good news: you can absolutely file Form I-130, the Petition for Alien Relative, even if you're currently in the U.S. on a non-immigrant visa like a student visa or work visa. This form kicks off the process of establishing a qualifying relationship with your foreign relative who wants to immigrate to the U.S.

Here's the Catch (Sort Of):

There are a few things to keep in mind:

• You Gotta Be Eligible: This one's pretty straightforward. You need to be either a U.S. citizen or a lawful permanent resident (green card holder) to sponsor a relative.

• Your Relative Needs to Qualify Too: Spouses, children (unmarried and under 21), parents (if you're a U.S. citizen over 21), and siblings (in some cases) are all eligible relatives.

• Keep Your Status Up-to-Date: Being on a temporary visa doesn't prevent you from filing, but you need to make sure you maintain that status throughout the process. Filing the I-130 doesn't change your visa or give you extra time to stay.

• Future Visa Applications Might Be Affected: Filing this form shows "immigrant intent," which could impact future non-immigrant visa applications for you or your relative (since those usually require proof you don't plan to stay permanently).

Feeling Overwhelmed?

This process can get tricky, especially when it comes to maintaining your status and demonstrating intent. Consider talking to an immigration attorney. They can help you navigate the details and increase your chances of a smooth process.

Stay Informed!

For the latest information and official guidelines, always check the USCIS website.