Bringing Family to the US: A Guide

Answering Your Immigration Questions for Tech Companies: “Dear Sophie”

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions relevant to the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of accessible knowledge regarding immigration. She states that understanding these processes empowers individuals globally to achieve their aspirations. Whether you are involved in human resources, are a company founder, or are seeking employment in Silicon Valley, your questions are welcome for consideration in a future column.

Access to weekly “Dear Sophie” columns is available to Extra Crunch members. A 50% discount is offered on one- or two-year subscriptions using the promo code ALCORN.

Dear Sophie,

My spouse and I are both lawful permanent residents of the United States.

Considering the isolation experienced during the recent pandemic, we are hoping to bring my parents and sister to the U.S. to be closer to our family and assist with childcare.

Is this a feasible possibility?

— Symbiotic in Sunnyvale

Dear Symbiotic,

Thank you for reaching out with your inquiry! Bringing your parents and sister to the United States is indeed possible. We frequently assist clients with similar family reunification goals.

My legal partner, Anita Koumriqian, and I explored the considerations for U.S. citizens and permanent residents seeking to sponsor family members in a recent podcast. This discussion also covered certificates of citizenship for those born outside of the U.S.

It is highly recommended that you seek guidance from a qualified immigration attorney when initiating the petition process for green cards for your parents and sister. An attorney can also explore alternative immigration pathways for your sister.

Who is Eligible to Sponsor a Permanent Resident?

U.S. permanent residents, possessing a green card, can sponsor only a spouse or unmarried children for permanent residency. However, after five years of residing in the U.S. as a green card holder, you become eligible for U.S. citizenship.

U.S. citizens, aged 21 or older, can sponsor a wider range of family members, including parents, spouses, children, stepchildren, and siblings, for green cards.

Spouses, children, and parents of U.S. citizens are classified as “immediate relatives” under immigration law. This designation exempts them from annual numeric and per-country green card limitations, potentially expediting the green card process for your parents once U.S. embassies and consulates resume standard visa and green card services. (Many remain temporarily closed due to the pandemic, and those open are operating with reduced capacity.)

Securing a green card for your sister will likely be a more protracted process. The F4 green card for siblings is subject to annual quotas, requiring a waiting period for a visa number to become available. After submitting an application, you must monitor the monthly Visa Bulletin to determine when her case can proceed.

Applicants originating from Mexico, the Philippines, China, and India typically encounter the longest wait times. The July 2021 Visa Bulletin indicated the following availability: F4 green cards were available to those born in Mexico with a priority date of December 15, 1998, or earlier; those born in the Philippines with a priority date of June 22, 2002, or earlier; and those born in India with a priority date of August 15, 2005, or earlier. Applicants born in all other countries needed a priority date of February 8, 2007, or earlier.

Becoming a U.S. Citizen: Requirements

To apply for citizenship through naturalization, you must demonstrate at least 30 months of physical presence in the United States within the five years preceding your application as a permanent resident. You will need to submit Form N-400, establish good moral character, and successfully complete both an English and a civics test.

Be aware that processing times for naturalization applications at the U.S. Citizenship and Immigration Services (USCIS) office in San Jose can extend up to 17 months. San Francisco processing times are even longer.

Alternative Options for Your Sister

Depending on your sister’s country of birth, the diversity green card program may be an option. Each year, the U.S. Department of State allocates 50,000 green cards to individuals from countries with historically low rates of immigration to the United States. The State Department publishes annual instructions, including a list of eligible countries. Registration for the diversity lottery generally occurs between early October and early November.

You can find more information in a previous “Dear Sophie” column regarding the diversity green card program.

If your sister possesses extraordinary abilities, she may qualify for an employment-based green card, such as the EB-1A for individuals of extraordinary ability or the EB-2 NIW (National Interest Waiver) for those with exceptional abilities benefiting the U.S. She can petition for these green cards independently, without requiring employer sponsorship. A podcast discussing these two green card options is available for your review.

We wish you the best in your efforts to reunite with your family in the U.S.

— Sophie

Do you have a question for Sophie? Submit it here. We reserve the right to edit submissions for clarity and length.

Please note that the information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For details regarding the limitations of “Dear Sophie,” please review our complete disclaimer. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. She is currently accepting applications for potential guests!