Daughter-In-Law's Green Card Sponsorship: What You Need To Know

A daughter-in-law can be sponsored for a green card by her spouse, who must be a lawful permanent resident or a U.S. citizen. If the daughter-in-law is outside the U.S., her spouse must file Form I-130, which is a petition for an alien relative. The process typically takes 12 to 18 months, but it's important to note that the daughter-in-law's age and marital status are significant factors in the immigration process. If she is unmarried and under 21, she falls under the second preference category for permanent residents, and the process may be faster. However, if she is over 21 and unmarried, the wait time is significantly longer, currently around 6 years.

Sponsoring a daughter-in-law who is a US citizen

Understanding the Requirements:

Firstly, it is important to understand the eligibility criteria for sponsoring a daughter-in-law for a green card. The key requirements are that your daughter-in-law must be a US citizen, and she must be at least 21 years old. The age requirement is crucial, as only US citizens above the age of 21 are legally allowed to sponsor their parents for a green card.

Filing the Necessary Forms:

To initiate the process, you will need to file Form I-130, also known as the "Petition for Alien Relative." This form serves as a notification to the United States Citizenship and Immigration Services (USCIS) of your intention to sponsor your daughter-in-law for a green card. Along with this form, you will need to provide proof of your permanent resident status and evidence of your relationship with your daughter-in-law, such as a marriage certificate. Ensure that all required documents are accurately submitted to avoid delays in the process.

Understanding Priority Dates and Visa Availability:

Once your Form I-130 is approved, your daughter-in-law will be placed in a queue for visa processing. The wait time depends on the priority date, which is the date the I-130 form was properly filed. Congress has placed a cap on family-based green card visas, so there may be a line of about a year and a half for the visa to become available.

Seeking Legal Assistance:

Sponsoring a family member for a green card can be a complex and detail-oriented process. It is highly recommended to work with an experienced immigration attorney who can guide you through the specific requirements, ensure all documentation is in order, and help you stay on top of any updates or changes in your case.

Maintaining Permanent Resident Status:

If you are a lawful permanent resident (Green Card holder) and become a citizen during the process, your daughter-in-law's queue position may be affected. In such cases, you can elect to freeze your spot as a green card holder, which may help bring your adult daughter-in-law to the United States faster.

Remember, each case is unique, and the process may vary depending on individual circumstances. It is always best to seek professional legal advice to ensure you are taking the most appropriate steps for your specific situation.

Sponsoring a daughter-in-law who is not a US citizen

If you are a US citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card (Green Card). To do this, you must first apply for a family-based immigrant visa. There are two categories of this type of visa: visas for close relatives of US citizens, such as spouses, unmarried children under 21, or parents; and visas for other relatives of US citizens, such as eligible children or siblings.

If your son is outside the United States, you file Form I-130, the petition for an alien relative, to alert the USCIS of your intention to get a visa for your son's spouse. The process begins with the USCIS, and you file the forms. About six months later, you get an approval notice from the USCIS. At that point, your future daughter-in-law is placed in a queue for a visa. If your son is already married to your future daughter-in-law, and she is outside the United States, your petition will be sent to the National Visa Center (NVC).

If your son is under 21 and unmarried, it will take about a year and a half, maybe longer, for a visa to become available. Congress has placed a cap on these family-based green card cases, so there is a long line. If your son is over 21 and unmarried, the wait is a little longer—about six years for the unmarried son of a green card holder to get a green card themselves. If you are a green card holder and your son is 25 or 30 and unmarried, you can sponsor them, but the wait is much longer if they are over 21.

If you have lawful permanent residence status and become a citizen, your child will be placed into a longer line than if they were the child of a green card holder. You can elect to freeze your spot as a green card holder and get your adult son or daughter-in-law to the United States a little faster. These cases are complicated and detail-oriented, so it is recommended that you work with an immigration attorney.

Sponsoring a daughter-in-law who is under 21

First, it is important to understand the definition of a "child" in the immigration process. For immigration purposes, a "child" is defined as an unmarried person under 21 years of age. This definition is crucial because it determines the eligibility for certain benefits and visa categories.

If your daughter-in-law is outside the United States, you will need to file Form I-130, which is a petition for an alien relative. This form alerts the USCIS of your intention to get a visa for your relative. The process begins with filing the forms with the USCIS, and you can expect to receive an approval notice within about six months. Once your petition is approved, your daughter-in-law will be placed in a queue for visa processing.

It is important to note that there is a cap on the number of family-based green card cases, which can result in long wait times. The wait time for a visa to become available can be around a year and a half, or even longer. Additionally, if your daughter-in-law is a step-child, and you have not been married to her genetic or legal gestational parent for at least two years when she receives permanent residence, she will be granted conditional permanent resident (CPR) status. To remove the conditions, you will need to file Form I-751 within 90 days before the expiration date on the conditional resident card.

If you are a lawful permanent resident (Green Card holder) and you filed Form I-130 before December 21, 2000, your daughter-in-law may be eligible for the V visa classification if more than three years have passed since the form was filed.

It is highly recommended to work with an experienced immigration attorney to navigate the complexities of immigration law and ensure all required documents are accurately submitted to avoid delays.

Sponsoring a daughter-in-law who is over 21

To sponsor your daughter-in-law for a green card, you will need to initiate the process by filing Form I-130, also known as the Petition for Alien Relative. This form serves as a notification to the United States Citizenship and Immigration Services (USCIS) about your intention to obtain a visa for your daughter-in-law. After submitting the necessary paperwork, you can expect to receive an approval notice from USCIS within approximately six months.

It is important to note that the process for sponsoring a daughter-in-law over 21 differs from that of a child under 21. In the case of your daughter-in-law, she will be placed in the F2B category, which typically has a longer wait time for a permanent resident opening compared to the F2A category for children under 21. The wait time for a green card for an unmarried daughter-in-law over 21 is currently around six years.

To expedite the process and ensure a smoother experience, it is highly recommended to work with a competent immigration attorney who can guide you through the intricacies of the immigration process. They can help you stay on top of important details, address any changes in your circumstances, and ensure that all required documents are accurately submitted to avoid unnecessary delays.

Sponsoring a daughter-in-law who is married

Understanding the Eligibility:

Firstly, it is important to determine if you are eligible to sponsor your married daughter-in-law for a green card. To be eligible, you must be a U.S. citizen or a lawful permanent resident (Green Card holder). Additionally, your daughter-in-law must meet the definition of a "child" under immigration law, which includes unmarried individuals under the age of 21. Since your daughter-in-law is married, she would be considered a "daughter" under immigration law, which includes married individuals or those aged 21 or older.

Filing Form I-130:

To initiate the process, you need to file Form I-130, also known as the Petition for Alien Relative. This form serves as a notification to the United States Citizenship and Immigration Services (USCIS) of your intention to sponsor your daughter-in-law for a green card. Along with the form, you must provide proof of your permanent resident status and evidence of your relationship with your daughter-in-law, such as a marriage certificate. It is important to ensure that all required documents are accurately submitted to avoid delays in the process.

Waiting Period:

Once your Form I-130 is approved, your daughter-in-law will be placed in a waiting line for visa processing. The waiting period can vary depending on the number of applications being processed and the availability of visas. There is a cap on family-based green card cases, which can result in a longer wait time, typically around one and a half years or more.

Visa Availability:

When a visa becomes available, your daughter-in-law can proceed with the next steps. It is important to note that the visa category will depend on her preference category, which is determined by the priority date (the date the I-130 was properly filed). The visa categories include F1 visas for unmarried children aged 21 or older and F2A visas for spouses and unmarried children under 21 of permanent residents.

Adjustment of Status or Consular Processing:

If your daughter-in-law is already in the United States, she can adjust her status to become a permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. On the other hand, if she is outside the United States, your approved petition will be sent to the National Visa Center (NVC) for consular processing. The U.S. Embassy or consulate will then provide notification and further processing information.

It is important to remember that immigration laws and procedures can be complex and detail-oriented. Seeking the guidance of an experienced immigration attorney is highly recommended to ensure a smooth and efficient process for sponsoring your married daughter-in-law for a green card.

Frequently asked questions