A sponsor must be at least 21 years old and either a US citizen or a lawful permanent resident. Sponsors who meet these requirements must fill out a separate I-130 form for each person, per the USCIS. For each of the following scenarios, the applicant (or sponsor) will also have to pay fees.
The Process If the Applicant Already Lives in the United States
Most of the time, an applicant will have to wait until the I-130 has been approved before filing the I-485 (application to register permanent residence or adjust status) – also known as the application for a Green Card. Sometimes, they may be eligible to file their application for permanent residence at the same time–typically if they are an immediate relative of the sponsor.
Applicants may be asked to attend an interview, during which they will answer questions under oath. They will be required to bring original documents, such as those that have been included in the application.
The Process If the Applicant Lives Outside of the United States
Consular processing, as described by the USCIS, is a slightly different process reserved for immigrants who currently live outside of the United States. After the I-130 has been filed, some special categories of immigrants may need to file additional forms. However, if no additional forms are required, the applicant must wait until their initial application has been approved.
After your application is approved, they will schedule an appointment for an interview. During this interview, they will ask you questions under oath about your application, your documentation, and yourself.
You May Have to File an Appeal or Refile Your Initial Application After a Denial
There are many possible reasons for denials, including errors and insufficient documentation. In the event of a denial, an attorney can reissue the proper forms or file a formal appeal. They can also help you avoid delays in the approval process by overseeing the initial application.
