
US immigration law allows US citizens to file for their mother-in-law to live with them in the United States as a permanent resident. The first step in the immigration process is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. The form establishes the petitioner's relationship with the beneficiary (the mother-in-law) and indicates whether the beneficiary will seek adjustment of status inside the US or consular processing abroad. If the mother-in-law is outside the US, the petitioner will need to apply for a family-based immigrant visa by filing Form DS-260 with the National Visa Center. The mother-in-law will then be issued an immigrant visa, which she can use to enter the US. After her arrival, the government will mail her a Green Card to the address indicated in the application.
Characteristics | Values |
---|---|
Can a US citizen file for their mother-in-law? | Yes |
What is the process? | Petition for Alien Relative (Form I-130) |
What is the next step after the petition is approved? | If the mother-in-law is outside the US, file Form DS-260 with the National Visa Center. If she is in the US, file Form I-485, Application for Adjustment of Status, with USCIS |
Who can petition? | A US citizen who is at least 21 years old |
What is the purpose of the petition? | To establish the qualifying relationship with the beneficiary and help them apply for a Permanent Resident Card (Green Card) |
What is the visa category? | Family-based immigrant visa |
What is required for the petition? | Evidence of US citizenship and the relationship with the beneficiary |
What is the role of the sponsor? | To provide financial support and complete the necessary steps for the immigration process |
Can the beneficiary work in the US? | Yes, after receiving the Green Card and adhering to permanent residence requirements |
What You'll Learn
A US citizen can file for their mother
To start the process, the US citizen must submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. This form establishes the petitioner's relationship with their mother and their eligibility for a Green Card. The form can be submitted online or by mail, and each person being sponsored requires a separate form. Along with the form, the US citizen must provide evidence of their citizenship, such as a birth certificate or passport, and proof of their relationship with their mother, such as a birth certificate.
If the mother is outside the United States, the US citizen will need to file Form DS-260 with the National Visa Center. The center will then transfer the case to the US Embassy or Consulate closest to the mother's residence, where they will process the immigrant visa application. If the mother is already in the United States, the US citizen will need to file Form I-485, Application for Adjustment of Status, with USCIS, and the mother may be eligible to file this form simultaneously with Form I-130.
It is important to note that the process for sponsoring a family member for a Green Card may vary depending on individual circumstances, and additional steps or requirements may apply. Therefore, it is recommended to consult with an experienced immigration attorney or seek guidance from official government sources for the most accurate and up-to-date information.
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A US citizen can't file for their mother-in-law, only their spouse can
US immigration law allows citizens to apply for their parents to live with them in the United States as Green Card holders. However, this does not extend to parents-in-law. A US citizen cannot file for their mother-in-law to become a permanent resident; only their spouse can do so once they become a naturalized citizen.
To petition for a parent to live in the US, a US citizen must be at least 21 years old and submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. This form establishes the petitioner's relationship with the beneficiary (their parent), who must be the petitioner's biological, adoptive, or step-parent. The filing or approval of this petition does not give the parent any immigration status or benefits. If the parent is outside the US, they will be notified to go to their local US consulate to complete their visa processing. If the parent is in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130.
Once a parent receives their Green Card, they are expected to reside in the US on a permanent basis. They must avoid trips lasting longer than six months outside the US, or they may lose their Green Card. The US citizen child must also submit an affidavit of support on behalf of their parent. This is a legally binding contract that obligates the child to financially support their parent if they apply for certain public benefits. This obligation lasts until the parent becomes a US citizen or works for 40 qualifying quarters (approximately ten years of full-time employment) as a permanent resident.
While a US citizen cannot file for their mother-in-law, their spouse can consult an experienced immigration attorney to explore other options for their mother to obtain a Green Card.
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The mother must be a qualifying relative
To file for her mother-in-law to live in the United States, a US citizen must be at least 21 years old and must be able to prove her citizenship and relationship with her mother-in-law. The first step in the process is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. This form establishes the qualifying relationship between the petitioner (the US citizen) and the beneficiary (the mother-in-law). Along with the form, the petitioner should include evidence of their eligibility, such as a copy of their birth certificate or passport, and proof of their relationship with the beneficiary, such as a marriage certificate to establish the link to their spouse's mother.
The mother-in-law must be a qualifying relative, which means she must be the biological, adoptive, or step-mother of the US citizen or their spouse. The US citizen must also submit an affidavit of support on behalf of their mother-in-law, which is a legally binding contract that obligates them to financially support their mother-in-law if she applies for certain public benefits. This obligation typically lasts until the mother-in-law becomes a US citizen or has worked for a certain number of quarters as a permanent resident.
If the mother-in-law is outside the United States, the US citizen will need to file Form DS-260 with the National Visa Center, which will then transfer the case to the nearest US Embassy or Consulate for immigrant visa application processing. If the mother-in-law is already in the United States, the US citizen can file Form I-485, Application for Adjustment of Status, with USCIS, and the mother-in-law may be eligible to file this form concurrently with Form I-130. The mother-in-law may also be required to attend an immigration interview at a USCIS field office to ensure she meets all the requirements for a Green Card.
It is important to note that Green Card holders (permanent residents) cannot petition to bring their parents to live permanently in the United States. Only US citizens and lawful permanent residents can sponsor family members for a Permanent Resident Card (Green Card). The process for sponsoring a family member can be complex, and it is recommended to consult with an immigration attorney to better understand the options and requirements.
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The citizen must be over 21
To petition for a mother-in-law to live in the United States as a Green Card holder, one must be a US citizen and at least 21 years old. Permanent residents cannot petition to bring their parents to live permanently in the United States.
The first step in the immigration process is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. The form can be submitted online or by mail. The petitioner must provide evidence of their citizenship or lawful permanent residence, such as a birth certificate, naturalization or citizenship certificate, or an unexpired US passport. They must also provide evidence of their relationship with the beneficiary, such as a birth or marriage certificate.
If the mother-in-law is outside the United States, the petitioner will need to apply for a Green Card by filing Form DS-260 with the National Visa Center. The National Visa Center will then transfer the case to the US Embassy or Consulate closest to the mother-in-law's place of residence, which will process the immigrant visa application. If the mother-in-law is already residing in the United States, the petitioner will need to file Form I-485, Application for Adjustment of Status, with USCIS, along with all required evidence.
It is important to note that the process for sponsoring a family member for a Green Card can be complex, and it is recommended to consult with an experienced immigration attorney to understand all the requirements and options.
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The mother must reside in the US on a permanent basis
If you are a US citizen, you can apply for a Green Card for your mother-in-law, but she must reside in the US on a permanent basis. Permanent residency is a requirement for Green Card holders, and long absences from the country could result in the loss of her Green Card. Therefore, your mother-in-law must make the US her primary residence and avoid trips outside the country that last longer than six months.
To apply for a Green Card for your mother-in-law, you must be a US citizen and at least 21 years old. You will need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative, to establish your qualifying relationship with your mother-in-law. This form is the first step in helping your relative apply for a Green Card and must be submitted for each person you are sponsoring. Along with the form, you should include evidence of your US citizenship and your relationship with your mother-in-law, such as birth certificates or marriage certificates.
If your mother-in-law is outside the United States, you will need to file Form DS-260 with the National Visa Center after your I-130 petition is approved. The National Visa Center will then transfer the case to the US Embassy or Consulate closest to your mother-in-law's residence, where they will process her immigrant visa application. Once her application is approved, she will be issued an immigrant visa, which she will use to enter the United States. After she arrives, the government will mail her Green Card to the address indicated in the application.
If your mother-in-law is already residing in the United States, you will need to file Form I-485, Application for Adjustment of Status, with USCIS, along with all the required evidence. In many cases, USCIS waives interviews for Green Card applications filed by a mother of a US citizen and sends the decision by mail. However, in some cases, you and your mother-in-law may be required to attend an immigration interview at a USCIS field office to ensure that she meets all the requirements for a Green Card.
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Frequently asked questions
Yes, a US citizen can file for her mother-in-law to live in the United States as a permanent resident. The citizen must be over 21 years old and provide evidence of their eligibility, including their US citizenship and proof of their relationship with their mother-in-law.
You need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. This form establishes your qualifying relationship with your mother-in-law and is the first step in helping her apply for a Green Card.
If your Form I-130 petition is approved and your mother-in-law is outside the United States, she will be notified to go to the local US consulate to complete her visa processing. If your mother-in-law is already in the United States, she may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130.
You can provide a copy of your mother-in-law's birth certificate or other documents that establish your relationship, such as proof of adoption or step-parent relationship.
Yes, as the US citizen sponsor, you will need to submit an affidavit of support on behalf of your mother-in-law. This is a legally binding contract that obligates you to financially support your mother-in-law if she applies for certain public benefits. This obligation typically lasts until your mother-in-law becomes a US citizen or completes 40 qualifying quarters of work (approximately 10 years of full-time employment) as a permanent resident.