Cameron Miranda
In the United States, a daughter-in-law can petition for her mother-in-law to live in the country as a Green Card holder, provided that she is a US citizen and is over 21 years old. The process can be initiated by the daughter-in-law filing a Form I-130 petition, and the mother-in-law filing a Form I-485. However, if the mother-in-law entered the US illegally or has issues such as a deportation order, the process becomes more complex. In such cases, it is advisable to consult an immigration lawyer to explore available options and navigate the requirements and potential consequences.
| Characteristics | Values |
|---|---|
| Can a daughter-in-law petition a mother-in-law? | No, "mother-in-law" is not a legal relation that can serve as a basis for an immigrant petition. |
| Who can petition? | A US citizen can petition their children under 21, sons and daughters over 21 who are married or unmarried, and their parents. |
| What is the process? | The first step is to have someone who can "petition" or file a visa petition on behalf of the beneficiary. If the person is eligible for the visa petition, immigration will approve it. Once the petition is approved, the person will need to wait for a visa to become available before they can move on to step two. |
| What is the time taken for the process? | It is taking about 10 years from the date of filing before a visa number will become available. If the child is from Mexico or the Philippines, it will take over 20 years. |
| What if the mother-in-law entered the country illegally? | If the mother-in-law entered the country illegally, she will need a legal entry to adjust her status (i.e. get a green card without leaving the US). If she leaves, she will be subject to a 10-year bar due to her unlawful presence. This bar can be overcome with a waiver if one can show "extreme hardship" to a US citizen relative, but it is difficult to obtain. |
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What You'll Learn
- Daughter-in-law as petitioner: A daughter-in-law can petition for her mother-in-law if she is a US citizen
- Mother-in-law as beneficiary: The mother-in-law can be a beneficiary of her daughter-in-law's petition if she meets certain criteria
- Legal entry: The mother-in-law must have had legal entry into the US for a petition to be a viable option
- Visa availability: The mother-in-law's country of origin will determine the availability and timeline of her visa
- Green card: A daughter-in-law cannot petition for her mother-in-law to receive a green card unless she is a US citizen
Daughter-in-law as petitioner: A daughter-in-law can petition for her mother-in-law if she is a US citizen
A daughter-in-law can petition for her mother-in-law to live in the United States as a Green Card holder if she is a US citizen. The daughter-in-law must be at least 21 years old to file a petition for her mother-in-law. The process involves filling out Form I-130, which requires information about both the petitioner (the US citizen) and the immigrant (the mother-in-law). Along with Form I-130, proof of US citizenship, such as a birth certificate or passport, and proof of the parent-child relationship, such as birth certificates or marriage certificates, are necessary.
If the mother-in-law entered the US legally and has a green card, her daughter-in-law can file Form I-130, and the mother-in-law can file Form I-485. However, if the mother-in-law entered the country illegally or has issues like a deportation order, the process is more complex. In such cases, it is advisable to consult an immigration lawyer to determine the best course of action.
It is important to note that the visa petition process can be lengthy, with varying wait times depending on the country of origin. Additionally, if the mother-in-law has minor children abroad, they cannot be included in the same petition and would require separate filings.
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Mother-in-law as beneficiary: The mother-in-law can be a beneficiary of her daughter-in-law's petition if she meets certain criteria
In the United States, a daughter-in-law can petition for her mother-in-law to live in the country as a Green Card holder, provided she meets certain criteria. Firstly, the daughter-in-law must be a US citizen and at least 21 years old. If the mother-in-law has entered the US illegally or has issues such as a deportation order, the process becomes more complicated. In such cases, a legal entry and a Green Card are required for the mother-in-law to adjust her status. One possible solution is for the daughter-in-law to enlist in the military and request a parole in place, allowing the mother-in-law to adjust her status without leaving the country.
If the mother-in-law entered the US legally, the process is more straightforward. The daughter-in-law can file a Form I-130 petition, and the mother-in-law can file Form I-485 to adjust her status. If the mother-in-law is already in the US, she may be eligible to file Form I-485 simultaneously with the daughter-in-law's Form I-130 petition. It is important to note that the process of obtaining lawful permanent residence can be complex, and seeking guidance from an immigration attorney is recommended.
It is worth mentioning that if the mother-in-law has minor children abroad, they cannot be sponsored on the same petition as their grandmother. Once the mother-in-law becomes a permanent resident, she may file a new petition for any qualifying relative. Additionally, if the mother-in-law has been in the US for an extended period without legal status, she may trigger a 3- or 10-year bar when leaving the country. Consulting an immigration lawyer is crucial to understanding the specific circumstances and requirements for the mother-in-law's case.
While a daughter-in-law can petition for her mother-in-law, it is important to recognize that the process can be lengthy. Currently, it is estimated to take about 10 years from the filing date for a visa number to become available, and this duration can vary depending on the mother-in-law's country of origin. For example, if the mother-in-law is from Mexico or the Philippines, it may take over 20 years. Therefore, while it is possible for a daughter-in-law to petition for her mother-in-law, careful consideration of the timeline and potential complexities is essential.
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Legal entry: The mother-in-law must have had legal entry into the US for a petition to be a viable option
For a daughter-in-law to petition for their mother-in-law, the mother-in-law must have had legal entry into the US. Legal entry refers to complying with the registration requirements for aliens in the United States. Aliens aged 14 or older who remain in the US for 30 days or longer must apply for registration and fingerprinting. This also applies to parents or legal guardians of aliens below the age of 14. Failure to comply may result in criminal and civil penalties, including fines and incarceration.
If the mother-in-law entered the US legally, the daughter-in-law can file a petition (Form I-130) and Form I-485. Unlawful presence and unauthorized work are forgiven for immediate relatives of US citizens. However, if the mother-in-law entered the US illegally or has issues like a deportation order, the process becomes more complex. In such cases, the mother-in-law would need a legal entry to adjust her status, which may involve a 10-year bar due to unlawful presence. This bar can be overcome with a waiver by demonstrating "extreme hardship" to a US citizen relative, but obtaining such a waiver is challenging.
It is important to note that the daughter-in-law must be a naturalized citizen to file the petition. Additionally, the process and requirements may vary depending on the specific circumstances and the mother-in-law's country of origin. It is always advisable to consult with an immigration lawyer to navigate the complexities of immigration law and ensure the correct procedures are followed.
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Visa availability: The mother-in-law's country of origin will determine the availability and timeline of her visa
The process of obtaining a visa for a mother-in-law can vary depending on the country of origin and the specific circumstances. Here are some important considerations regarding visa availability and timelines:
For a mother-in-law from another country to visit, she typically needs to apply for a tourist visa or visitor's visa in her home country. This could be a B-2 visa in the United States, for example. Each country has its own specific requirements and processes for obtaining such visas. In most cases, the mother-in-law will need to demonstrate strong ties to her home country and prove that she intends to return after her temporary stay. This can be done by providing evidence of financial self-sufficiency, property ownership, employment, or other commitments in her home country.
If your mother-in-law has a healthy financial background and meets the other visa requirements, she may be able to obtain a visitor visa without a sponsor. However, having a sponsor, such as a daughter-in-law or son-in-law, can strengthen her application. A sponsor can provide an invitation letter and an Affidavit of Support (Form I-134 in the US), assuring that they will cover any financial expenses during her stay.
It is important to note that the visa application process can be more complex if your mother-in-law has a history of visa refusals or if she intends to stay for an extended period, such as providing long-term childcare for your family. In such cases, it may be more challenging to prove that she does not intend to immigrate permanently.
Additionally, if your mother-in-law is already in the country and has overstayed her visa or entered illegally, the process becomes more complicated. In the United States, for example, a US citizen daughter can file a petition (Form I-130) on her behalf, but the specific steps and requirements may vary depending on the circumstances.
The country of origin of your mother-in-law plays a crucial role in determining the availability and timeline of her visa. Certain countries may have specific agreements or priority dates that affect the processing time. For instance, in the US, there are different wait times for married children from Mexico or the Philippines, which can take over 20 years compared to 10 years for other countries. Therefore, it is essential to research the specific requirements and timelines for the country your mother-in-law is applying from.
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Green card: A daughter-in-law cannot petition for her mother-in-law to receive a green card unless she is a US citizen
A daughter-in-law cannot petition for her mother-in-law to receive a green card unless she is a US citizen. This is because the daughter-in-law would need to be at least 21 years old and a legal citizen of the US to be eligible to petition for her mother-in-law's permanent residence in the country.
The process of obtaining a green card typically involves two steps. The first step is to have someone who can "petition" or file a visa petition on the applicant's behalf. If the applicant is eligible for the visa petition, immigration authorities will approve it. Once the petition is approved, the applicant will need to wait for a visa to become available before they can proceed to the second step.
The second step involves the applicant applying for lawful permanent residence, often referred to as attaining a green card. This can be done either through consular processing outside the US or through an adjustment of status within the country. For parents of US citizens, moving to the second step may be quick, as they are considered immediate relatives, and a visa is always available for them.
The daughter-in-law, as the petitioner, would need to submit Form I-130, Petition for Alien Relative, to the US Citizenship and Immigration Services (USCIS). This form must be submitted with a filing fee of $420 for each parent for whom a green card is being sought. USCIS generally approves Form I-130 within a minimum of three months, but this does not give the applicant legal status. The applicant must still complete additional steps, including providing proof of their relationship with the petitioner. The petitioner must also file Form I-864, Affidavit of Support, to demonstrate that they are prepared to support the green card applicant financially so that they will not rely on government support.
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Frequently asked questions
No, "mother-in-law" is not a legal relationship that can serve as a basis for an immigrant petition. However, if the daughter-in-law is a U.S. citizen, she can petition for her mother to live in the U.S. as a Green Card holder.
If the mother-in-law entered the U.S. legally, then her daughter-in-law, who is now a U.S. citizen, can file a petition (Form I-130) and she will also need to file Form I-485. However, if the mother-in-law entered the country illegally, the process is more complicated and may involve a waiver for unlawful presence and an interview at a U.S. consulate.
It can take between 10 and 20 years for a visa to become available, depending on the mother-in-law's country of origin. For example, if the mother-in-law is from Mexico or the Philippines, it will take over 20 years.
