How A Citizen Can Fix Her Mother-In-Law's Status

A US citizen can petition for their parents to live in the United States as Green Card holders, provided they are over 21 years old. This can be done by filing a Petition for Alien Relative on Form I-130, which is available for free download from U.S. Citizenship and Immigration Services (USCIS). If the parent is in the US and has gained legal entry, they can file an I-485, Petition to Adjust Status, concurrently with the I-130 application. However, if the parent entered the US illegally or has other issues such as an overstay on a tourist visa, the process becomes more complicated. In such cases, it is recommended to consult an immigration attorney for advice on the available options.

A US citizen can sponsor their mother-in-law for a Green Card

It is important to note that there are certain requirements that must be met for the Green Card application to be approved. The mother-in-law must be admissible to the United States for lawful permanent residence and eligible for a waiver of inadmissibility or other relief if necessary. Additionally, she must meet the eligibility requirements, including being present in the United States after being "inspected and admitted" or "inspected and paroled."

If the mother-in-law is outside the United States, she will need to go to the local US consulate to complete the visa processing once Form I-130 is approved. During the processing of the visa, she may apply for travel authorization by filing Form I-131.

While the application is being processed, the mother-in-law may also apply for employment authorization by filing Form I-765, Application for Employment Authorization. However, certain forms, including Form I-485, have a filing fee that must be submitted unless the applicant is exempt or eligible for a fee waiver.

Overall, sponsoring a mother-in-law for a Green Card involves completing the necessary forms, meeting the eligibility requirements, and paying the associated fees. This process allows a US citizen to help their mother-in-law obtain permanent resident status in the United States.

The US citizen must be 21 or over and provide proof of citizenship

To petition for a parent to live in the United States as a Green Card holder, a US citizen must be 21 or over. This means that a US citizen who is 21 or older can apply for their mother-in-law to live in the US. However, it is important to note that the petition only proves that the petitioner (the US citizen) is indeed a US citizen. It does not guarantee that the mother-in-law will be approved for a Green Card.

To prove US citizenship, one must provide primary evidence of US citizenship. The type of evidence provided depends on whether the citizen was born in the United States or outside of it. If born in the US, a full-validity, undamaged US passport can be provided as proof of citizenship. If born outside of the US, a foreign birth certificate listing the citizen's parents, evidence of the parent's US citizenship (such as a US birth certificate or naturalization certificate), and evidence of permanent residence status can be provided.

If a birth certificate is not available, the US government may suggest that the mother and child obtain a DNA test from an AABB-accredited laboratory. This test provides definitive proof of a biological mother-child relationship. If the child was born to unmarried parents, further evidence, such as a marriage certificate issued by the appropriate government authority, may be required to prove the parent-child relationship.

The mother-in-law must have legally entered the US

To petition for a parent to live in the United States as a Green Card holder, you must be a US citizen and at least 21 years old. If your mother-in-law has legally entered the US, her child who is a US citizen can sponsor her for a Green Card.

If your mother-in-law is in the United States and has applied to adjust to permanent resident status by filing Form I-485, she is eligible to apply for employment and travel authorization while her case is pending. She should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.

If your mother-in-law is outside the United States, she will be notified to go to the local US consulate to complete the visa processing once her Form I-130 petition is approved.

If your mother-in-law has legally entered the US, she may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the Form I-130, Petition for Alien Relative filed on her behalf, while the Form I-130 is pending, or after the Form I-130 is approved.

If your mother-in-law entered the US illegally, the consequences and course of action depend on whether she overstayed her visa or crossed the border without inspection. If she was initially waved through the border, this counts as a legal entry. If she has a US citizen child, they can sponsor her for a Green Card while she remains in the US.

The mother-in-law must file Form I-485, Petition to Adjust Status

If a citizen wants to help their mother-in-law adjust her status to become a permanent resident, they can file Form I-130, Petition for Alien Relative, on her behalf. If the mother-in-law is currently in the United States, she may be eligible to concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as Form I-130 is filed. If Form I-130 has already been approved, Form I-485 can be filed after approval.

Form I-485 is used to adjust the status of a relative who is already in the United States, either with a valid visa or through the Visa Waiver Program. It can also be used if the relative is eligible to apply for a green card through a job offer or on humanitarian grounds. The purpose of Form I-485 is to prove that the relative is eligible for U.S. permanent residency. The relative, whose signature is on the I-485, is called the "applicant."

Form I-485 must be filed by mail to a USCIS service center. If Form I-130 is also being filed, it can be filed online, but Form I-485 must be physically sent. Form I-485 has a filing fee, which can be paid with a money order, personal check, cashier's check, or by credit or debit card using Form G-1450, Authorization for Credit Card Transactions. If paying by check, it must be made payable to the U.S. Department of Homeland Security. The fee is final and non-refundable, regardless of any action taken by USCIS or if the request is withdrawn.

If Form I-485 is filed together with Form I-140, Immigrant Petition for Alien Workers, Supplement J does not need to be filed. However, Supplement J must be filed if Form I-485 is based on a previously filed Form I-140 or if job portability is being requested to a new, permanent job offer under INA section 204(j). Form I-485 can also be filed together with Form I-140 at the USCIS Dallas Lockbox. If premium processing for Form I-140 is requested, Form I-907, Request for Premium Processing Service, must also be filed.

It is important to note that the time it takes to process Form I-485 can vary from a few months to a few years, depending on various factors such as eligibility, the relationship with the U.S. citizen, and the USCIS Service Center applied to. USCIS may request biometric information to confirm the identity of the applicant and run a background check. The applicant will also need to answer questions about their criminal history, and while a criminal record does not guarantee denial, it may complicate the process.

The US citizen can file Form I-130, Petition for Alien Relative

A US citizen can file Form I-130, Petition for Alien Relative, to help a family member obtain a Green Card. This form is used to prove that the US citizen has a family relationship with the person they are sponsoring for a Green Card and that they are willing to support them financially. The US citizen must be at least 21 years old to file this form for their parents.

To file Form I-130, the US citizen must first create an online account with USCIS. This will allow them to receive case alerts, check their status, upload supporting evidence, and see all case correspondence. The form can be filed online or by mail. If filing by mail, it is important to send the application to the correct Form I-130 filing address, depending on the state of residence and whether the relative is also filing Form I-485.

When completing Form I-130, the petitioner must select one option in Part 4 (Question 61 or 62) to indicate whether the beneficiary is requesting an adjustment of status inside the United States or consular processing outside the United States. It is important to note that just filling out and submitting Form I-130 does not automatically grant any immigration benefits or status to the relative. It is the first step in the process, and there are additional steps to be completed before the relative can obtain a Green Card and move to the United States.

If the relative is already in the United States and eligible to apply for a Green Card, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. Certain relatives must wait for an immigrant visa number to become available before filing Form I-485 or requesting an immigrant visa through consular processing outside the United States. However, if the relative qualifies as an immediate relative, an immigrant visa is always available.

Frequently asked questions