Green Card Holders: Petitioning For In-Laws And Parents

Green card holders in the United States are often individuals who are on the path to citizenship. While green card holders can sponsor certain family members to immigrate to the United States, they cannot petition their parents. Only U.S. citizens can sponsor their parents for a green card. The process of sponsoring parents for U.S. citizenship can be lengthy, and it is recommended that prospective applicants consult an immigration attorney to ensure a complete application.

Sponsoring parents to live in the US as a green card holder

If you are a green card holder and want to sponsor your parents to live in the US, you must first become a US citizen. This typically requires you to have been a green card holder for at least five years, or three years if you obtained your green card through marriage to a US citizen. Once you are a citizen, you can petition for your parents to receive their green cards.

The process for sponsoring your parents involves several steps and can be complex, so it is recommended that you consult an experienced immigration attorney to help guide you through the process and ensure a complete application. The first step is to submit a visa petition (Form I-130) to U.S. Citizenship and Immigration Services (USCIS). This form demonstrates your intention to sponsor your parents as immediate relatives and must be accompanied by evidence that proves your relationship, such as birth certificates. Processing times for Form I-130 vary, but as of early 2023, most cases were processed within 9-11 months.

Once your I-130 petition is approved, your parents' case will be forwarded to the National Visa Center (NVC), which will send you instructions, including details on required fees and supporting documentation like police certificates, civil records, and medical examination reports. After this, your parents will be scheduled for an in-person interview at the US consulate in their home country. The processing time for this step can vary depending on your parents' location, with cases inside the US generally being processed faster than those outside the country. Current time frames are approximately 18 to 24 months.

It is important to note that you will need to petition each parent separately and pay separate filing fees. Additionally, there are no limits on the number of immediate relative immigrant visas you can request, and approval usually occurs 5-9 months after filing.

Requirements to become a US citizen

Green card holders, also known as lawful permanent residents, can become U.S. citizens through a process called naturalization. The time it takes to become a U.S. citizen varies depending on whether the green card was obtained through marriage to a U.S. citizen or by other means. If obtained through marriage, one may apply for citizenship after being a green card holder for three years. Otherwise, one must be a green card holder for at least five years before qualifying for citizenship. The naturalization process can take approximately one year from the time of filing.

To apply for citizenship, one must complete Form N-400, Application for Naturalization. The application process involves biometrics, an interview, an English and civics test, and an oath ceremony. To satisfy the residency requirement, applicants must have been residents of the state or USCIS district where they plan to apply for citizenship for at least three months before applying for naturalization. USCIS will consider the applicant's residency to be the location specified as their "current physical address" on Form N-400.

It is important to note that green card holders cannot petition their parents to become permanent residents. Only U.S. citizens can sponsor their parents for a green card, and they must be at least 21 years old. The process typically takes five years or more and involves submitting a visa petition and then applying for lawful permanent residence.

Family-based petitions

To be eligible to apply for a green card, a foreign citizen must be sponsored by an immediate relative who is at least 21 years old and is either a US citizen or a US lawful permanent resident (i.e. a green card holder). There are two types of family-based immigrant visas: Immediate Relative and Family Preference. Immediate Relative visas are based on a close family relationship with a US citizen, such as a spouse, child, or parent. The number of immigrants in these categories is unlimited, so the visas are always available. Family Preference visas are for more distant family relationships with a US citizen and some specified relationships with a lawful permanent resident.

If you are a US citizen, you can file an immigrant visa petition for your spouse, son or daughter, parent, or brother or sister. As a green card holder, you may petition for certain family members to immigrate to the US as permanent residents. This includes your spouse and unmarried children. If you are a green card holder and want to sponsor your parents, you must first become a US citizen. The naturalization process can take approximately one year from the time of filing. You can apply for citizenship up to 90 days before you hit the three- or five-year mark. Once you become a citizen, you will need to petition each parent separately for a green card, which involves completing one application for your mother and another for your father, as well as separate filing fees.

Processing times for Form I-130

Form I-130, Petition for Alien Relative, is used by US citizens and green card holders to petition for certain family members to immigrate to the US as permanent residents. Green card holders can petition for their spouses and unmarried children under 21 to immigrate to the US. US citizens can petition for their parents, spouses, unmarried children under 21, unmarried adult children, married children (any age), and siblings.

The processing times for Form I-130 vary depending on the specific application and the service center. In early 2023, the average processing time across all field centers was as follows:

• Vermont Service Center: 13 months
• Nebraska Service Center: 6 months
• Texas Service Center: 11 months
• California Service Center: 8 months
• National Benefits Center: 9 months
• Potomac Service Center: 11 months

As of late 2023, the processing time for a green card holder sponsoring a spouse or a child under 21 years is 23-38 months. The average processing time for a USCIS form is between 3 and 20 months. However, some people have reported waiting times of 14 to 15.5 months. The waiting time will also depend on whether the applicant is in the US or outside the US. If the applicant is outside the US, they will generally need to do consular processing, which involves travelling outside the US, usually to their home country, to complete their case.

Steps to obtain official authorization to reside in the US

As a green card holder, you cannot petition for your parents-in-law to immigrate to the US as permanent residents. Only US citizens can sponsor their parents for a green card, and they must be at least 21 years old.

If you are a green card holder and want to sponsor your parents-in-law to immigrate to the US, you must first become a US citizen. Here are the steps to obtain official authorization to reside in the US for your parents-in-law:

Step 1: Obtain US Citizenship

To become a US citizen, you must first be a green card holder for a certain period. If you are married to a US citizen, you may be able to apply for citizenship after three years as a green card holder. If you obtained your green card through other means, you must be a green card holder for at least five years before qualifying for citizenship. The naturalization process involves completing biometrics, attending an interview and an English and civics test, and attending an oath ceremony.

Step 2: Determine Eligibility

Once you have obtained US citizenship, you and your parents-in-law must determine your eligibility to move forward with the process. Your parents-in-law must meet certain requirements to be eligible for a green card.

Step 3: Submit a Visa Petition

After confirming eligibility, you will need to submit a visa petition on behalf of your parents-in-law. This process is handled by the US Citizenship and Immigration Services (USCIS). The visa petition is used to demonstrate a qualifying relationship and does not grant any benefits other than creating a place in line for visa processing. The Form I-130, Petition for Alien Relative, is used for this purpose, along with providing proof of your US citizenship and the relationship with your parents-in-law, such as birth certificates or marriage certificates.

Step 4: Submit Application for Lawful Permanent Residence

Once the visa petition is approved, your parents-in-law can proceed to apply for their green card. This step involves applying for lawful permanent residence, either through Adjustment of Status in the United States or Consular Processing in their home country. The location of your parents-in-law will determine the specific steps and requirements for this stage.

Step 5: Visa Interview

After submitting the necessary forms, your parents-in-law will be invited to a visa interview. This will take place at a USCIS office or a US consular office, depending on their location. Following a successful interview, the application will be approved, and an immigrant visa will be granted.

Step 6: Entry to the United States

Upon receiving the immigrant visa, your parents-in-law can enter the United States. They will present their visa packet to Customs and Border Protection at the port of entry. Once inspected and admitted, they will receive their green card by mail and will be authorized to live and work in the United States permanently.

Please note that it is advisable to consult with an experienced immigration attorney throughout this process to ensure a complete and accurate application and maximize the chances of approval.

Frequently asked questions