Petitioning For Your Mother-In-Law: A Us Citizen's Guide

A US citizen can petition for their mother to live with them in the United States as a Green Card holder, provided they are over 21 years of age. The first step in petitioning for a parent is to file a Petition for Alien Relative on Form I-130, which is available for free download from U.S. Citizenship and Immigration Services (USCIS). However, a US citizen cannot file a petition for their mother-in-law. Only their spouse can do so, and they must be a US citizen themselves.

US citizens must be at least 21 years old to petition for their mother-in-law

In the United States, a citizen must be at least 21 years old to petition for their mother-in-law to live with them as a Green Card holder. This process can be lengthy, taking between 11 and 25 months, or even longer, depending on the immigration status of the mother-in-law and other factors.

To begin the process, the US citizen must file a "Petition for Alien Relative" on Form I-130, which is available for free download from U.S. Citizenship and Immigration Services (USCIS). This form is necessary to prove the relationship between the US citizen and their mother-in-law. Along with the signed form, the US citizen will need to provide proof of their citizenship, such as a birth certificate, passport, or certificate of naturalization.

If the mother-in-law is already living in the United States and has applied for an adjustment of status using Form I-485, they can work while the case is pending. However, if they plan to travel, they will need to request authorization by submitting Form I-765 and Form I-131.

It is important to note that if the mother-in-law has minor children abroad, they cannot be sponsored on the same petition. Additionally, if the US citizen's spouse gained residency through their parents, they cannot petition for their biological parents to receive Green Cards, as that relationship has been cut off for immigration law purposes.

Form I-130 is required to prove the relationship between the US citizen and their mother-in-law

Form I-130, also known as the "Petition for Alien Relative", is a critical document for US citizens or lawful permanent residents seeking to bring their mother-in-law to live in the United States. This form serves as evidence of a genuine family relationship and demonstrates the financial capacity to support the relative during their stay. While it is a necessary step, it is just the beginning of the immigration process.

The I-130 form is used to establish that the mother-in-law is eligible to immigrate to the US and obtain a green card due to her familial relationship with the US citizen or lawful permanent resident (LPR). The form must be accompanied by supporting documents, such as proof of citizenship or LPR status, evidence of the authenticity of the relationship, and financial documents like tax returns and bank statements.

For US citizens, the I-130 form can be filed for spouses, children, parents, and siblings. However, it is important to note that certain relatives, including grandparents, grandchildren, nieces, nephews, aunts, uncles, cousins, and parents-in-law, are not eligible for sponsorship through this form. This restriction means that a US citizen cannot directly sponsor their mother-in-law through the I-130 form.

However, an alternative path exists. If the US citizen's spouse, in this case, their partner whose mother is being sponsored, is already a US citizen or LPR, they can file Form I-130 on behalf of their parent. This approach leverages the relationship between the spouse and their parent to establish eligibility for a green card. It is a way to indirectly bring the mother-in-law to the US while adhering to the eligibility requirements of Form I-130.

It is important to note that the I-130 form is just the initial step in the immigration process. Once approved, the next steps involve adjusting the mother-in-law's status to that of a permanent resident or green card holder. This typically involves filing Form I-485, which initiates the process of obtaining permanent resident status. The specific steps and requirements may vary depending on individual circumstances and the current immigration status of the mother-in-law.

If the mother-in-law is outside the US, they will need to complete visa processing at their local US consulate

If a US citizen wishes to petition for their mother-in-law to live in the United States, they will need to wait until their spouse becomes a US citizen. Once this happens, the spouse can file a petition for their mother. It is important to note that permanent residents cannot petition to bring their parents to live permanently in the US.

To petition for a mother-in-law to live in the US as a Green Card holder, the US citizen's spouse must be over 21 years old. They must also be able to prove their relationship to their mother, which can be done by submitting a copy of their birth certificate. If the mother-in-law is outside the US, she will need to complete visa processing at her local US consulate. This process can be lengthy and complex, so it is recommended that those pursuing it seek legal advice.

The first step in petitioning for a mother-in-law to receive a US visa is to file a "Petition for Alien Relative" on Form I-130, which is available for free download from US Citizenship and Immigration Services (USCIS). This form must be accompanied by a copy of the birth certificate of the applicant and their mother, as well as a copy of the civil marriage certificate if the petition is for a father. The applicant must also provide proof of their US citizenship, such as a birth certificate, passport, certificate of naturalization, Form FS-20, or certificate of citizenship.

If the mother-in-law is outside the US, she will need to complete visa processing at her local US consulate. This typically involves an interview and the submission of additional documents, such as evidence of financial support and proof of residence. The specific requirements may vary depending on the individual circumstances, so it is important to consult with an experienced immigration attorney to ensure all necessary steps are taken.

The visa petition process can be complex and time-consuming, and there may be alternative options for the mother-in-law to obtain a Green Card. These options would depend on various factors, including the mother-in-law's background and current immigration status. Again, consulting with an experienced immigration attorney is advisable to explore all possible avenues and ensure the most suitable approach is taken.

If the mother-in-law is already in the US, they may be able to file Form I-485 at the same time as their child files Form I-130

To begin the process of petitioning for a mother-in-law to live in the United States as a Green Card holder, the petitioner must be a US citizen and at least 21 years old. If the mother-in-law is already in the US, they may be able to file Form I-485 concurrently with Form I-130.

Form I-130 is primarily concerned with establishing the familial relationship and obtaining approval for the foreign relative to immigrate. Form I-485, on the other hand, focuses on the adjustment of status for individuals already present in the United States. Both forms are critical for helping families reunite and obtain lawful permanent residency in the US.

The concurrent filing of these forms offers several benefits, including time savings and a streamlined process. By filing concurrently, the applicant does not have to wait for the approval of Form I-130 before filing Form I-485. This can potentially shorten the overall duration and simplify the path toward residency.

To file Form I-130, the petitioner must provide detailed personal information, such as names, addresses, and contact details, as well as evidence of the relationship with the mother-in-law, including relevant documents such as birth certificates or marriage certificates. It is important to submit the forms, along with any supporting documents and filing fees, to the appropriate USCIS address, which can vary based on the petitioner's and beneficiary's residence.

It is recommended to carefully review the eligibility criteria for both forms and consult with an immigration attorney to ensure all requirements are met and address any unique circumstances.

The process can take between 11 and 25 months, depending on the mother-in-law's immigration status

The process of petitioning for a mother-in-law to receive a Green Card and live in the United States can be complex and time-consuming, taking anywhere between 11 and 25 months, or even longer, depending on various factors. The first step is to determine eligibility. To be eligible to petition for a parent to live in the United States, one must be a US citizen and at least 21 years of age. Permanent residents or Green Card holders cannot petition to bring their parents to live in the country permanently.

If the above eligibility criteria are met, the next step is to file a "Petition for Alien Relative" on Form I-130, which is available for free download from U.S. Citizenship and Immigration Services (USCIS). This form is necessary to prove the relationship between the petitioner (US citizen child) and the beneficiary (parent). Along with the signed form, the following documents are required: proof of US citizenship (birth certificate, passport, certificate of naturalization, Form FS-20, or certificate of citizenship), and proof of the parent-child relationship (birth certificate). If the parent's name has changed, proof of the legal name change, such as a marriage certificate, divorce decree, or court judgment, may also be required.

The processing time for the Form I-130 petition can vary depending on the specific circumstances and the caseload at the USCIS office handling the petition. Once the petition is approved, the mother-in-law will be notified to complete the visa processing at the local US consulate if she is outside the United States. If she 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. It is important to note that if the mother-in-law is in the United States and has an unfavourable immigration status, the process can take much longer, even more than 10 years, and is usually completed abroad.

Several factors can influence the overall timeline of the process, including the mother-in-law's current immigration status, her country of origin, and other family-related immigration factors. It is advisable to consult an experienced immigration attorney to understand the specific requirements and timeline for the mother-in-law's case.

Frequently asked questions