Kara Sears
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). However, only US citizens and Green Card holders can sponsor family members for a Green Card. To petition for your parents to live in the United States as Green Card holders, you must be a US citizen and at least 21 years old. The application process generally takes about 12 months and requires a $420 filing fee. The wait time for obtaining a Green Card for your parents will depend on factors such as where you are in the citizenship process, where your parents are located, and whether the embassy or consulate has backlogs for interviews.
| Characteristics | Values |
|---|---|
| Who can apply for a green card for their parents-in-law? | U.S. citizens and green card holders (also known as lawful permanent residents or LPRs) |
| Who can be sponsored? | Biological parents, step-parents, or adoptive parents |
| Requirements | Must be 21 years old or above, provide evidence of the parent-child relationship, meet certain income requirements, and prove that they have maintained lawful status while in the U.S. |
| Application form | Form I-130, Petition for Alien Relative |
| Filing fee | $420 |
| Processing time | Minimum of three months, up to 12 months |
| Appeal | If the visa petition is denied, an appeal can be filed within the specified timeframe |
| Work permit | Not required for parents with immigrant visas |
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What You'll Learn
Sponsoring parents for a green card
If your parents are currently in the U.S., they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130. This allows them to apply for a green card without leaving the country. To be eligible for this process, your parents must meet certain requirements, including being "inspected and admitted" or "inspected and paroled" by an immigration officer. Additionally, an immigrant visa must be immediately available to them when they file Form I-485.
To sponsor your parents for a green card, you must be a U.S. citizen and at least 21 years old. As a green card holder, you cannot petition to bring your parents to live permanently in the U.S. The process of sponsoring your parents can take an average of five years or more, depending on factors such as your citizenship status, your parents' location, and any backlogs at the embassy or consulate.
It is important to note that your parents do not need to apply for employment authorization once they are admitted as immigrants with their immigrant visas. They will receive a passport stamp upon arrival in the U.S., proving their eligibility to work until they receive their green cards. However, if your parents have minor children abroad, those children cannot be sponsored on the same petition as your parents.
To avoid delays in the process, it is recommended to consult with an experienced immigration attorney who can assist in preparing a complete application packet with strong evidence. They can help identify any missing documents, inconsistencies, and develop a strategy to maximize the chances of approval.
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Eligibility requirements for parent green cards
To petition for your parents to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States. If your name or your parent's name has changed, include proof of the legal name change. This may include a marriage certificate, divorce decree, adoption decree, or court judgment of name change.
If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. The spouse of a U.S. citizen, the unmarried child under 21 years of age of a U.S. citizen, or the parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older) are all eligible.
If you are currently in the United States, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called "adjustment of status." As an immediate relative, you may file your Form I-485 together with the Form I-130, Petition for Alien Relative, filed on your behalf. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.
If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization. If your parents have minor children abroad, those children cannot be sponsored on the same petition.
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Application forms and fees
To apply for a green card for your parents-in-law, you must be a U.S. citizen and at least 21 years old. Green card holders cannot petition to bring parents to live permanently in the U.S.
The application process generally takes about 12 months and requires $420 in filing fees. However, some sources state that the process can take anywhere from 12 to 18 months or even 5 years or more. The timing will vary depending on how the petitioner received their green card.
If your parents-in-law are applying from outside the U.S., they should follow the instructions from the National Visa Center (NVC) and the consulate processing their application. They will need to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, to a USCIS-approved doctor or, if abroad, a Department of State panel physician. They will also need to submit Form DS-261 on the U.S. State Department's website and pay $445 in fees online, including the State Department's application processing fee ($325) and the financial support form fee ($120). After filing Form DS-261, they will need to file Form DS-260, the actual green card application for the consular filing process.
If your parents-in-law are in the U.S., they can file for Adjustment of Status using Form I-485, Application to Register Permanent Residence or Adjust Status. This can be filed simultaneously with Form I-130, Petition for Alien Relative, or separately. The fees for filing Form I-485 include a $1,140 filing fee and an $85 biometrics fee. They will also need to provide two passport photos, their birth certificate, and a government-issued ID.
Other forms that may be required include Form I-131, Application for Travel Document, and Form I-765, Application for Employment Authorization. Form I-864 can be filed from within the U.S. or through the Department of State if your parents-in-law are abroad, and there is no fee for this form.
It is important to note that missing a single step or misfiling a form can delay the process or result in rejection. Therefore, it is recommended to consult with an experienced immigration attorney to ensure a complete and thorough application.
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Supporting documents
To apply for a Green Card for your parents-in-law, you must be a US citizen and at least 21 years old. If you are a Green Card holder, you cannot petition to bring your parents-in-law to live permanently in the United States.
- Form I-130, Petition for Alien Relative, is the form you need to fill out to petition for a Green Card for your parents-in-law. There is a petition filing fee of $420. You must submit a separate Form I-130 and filing fee for each parent-in-law. US Citizenship and Immigration Services (USCIS) will approve Form I-130 once you prove that your parent-in-law is related to you. The required evidence to submit differs slightly depending on the parent-in-law you are requesting permanent residence for.
- Form I-485, Application to Register Permanent Residence or Adjust Status, is filed by your parents-in-law. This is to apply for a Green Card without leaving the country. This form can be filed concurrently with Form I-130. There is an initial filing fee of $1,140 and an additional biometrics fee of $85.
- Form I-864, Affidavit of Support, is filed by you (the sponsor) on behalf of your parent-in-law. This form shows that you are prepared to support the Green Card petitioner financially so that they will not have to rely on the US government for financial support once they become a Green Card holder. There is no filing fee required for Form I-864.
- If your name or your parent-in-law's name has changed, include proof of the legal name change. This may include a marriage certificate, divorce decree, adoption decree, or court judgment of name change.
- Your parent-in-law will also need to provide two passport photos, their government-issued identification, and their birth certificate.
- If your parents-in-law are in the United States and have applied to adjust their permanent resident status, they are eligible to apply for employment and travel authorization while their case is pending. They should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.
- If your parents-in-law have minor children abroad, those children cannot be sponsored on the same petition.
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Processing times
If your parent is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country. The immigration petition must await approval, and once it is approved, it is necessary to supply all the information needed by the Department of State, including all forms correctly filled out and all the required documentation. If your parent is already in the U.S., they may be eligible for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
The green card process may require your parents to undergo medical examinations and vaccinations. It is crucial to ensure that their health records are up to date and address any health concerns promptly. The process also involves multiple steps, documentation, and legal requirements. To ensure a smooth and efficient application process, it is highly recommended to seek professional guidance from an experienced immigration attorney.
The time taken to process the application also depends on the green card category, the relationship with the family member, and the location of the applicant. There are two broad categories of green cards: employment-based and family-based. The number of applications in each category can impact the processing time.
If Form I-130 and Form I-485 are filed concurrently, and the accompanying Form I-130 is ultimately approved, the processing time for the parent green card is much shorter than other filing methods. There is an initial filing fee of $1,140 and an additional biometrics fee of $85 for filing Form I-485, whether filed concurrently or not.
After submitting the application, your parent will receive update notices about their application at the mailing address they provided to USCIS. Two to three weeks after filing, they can expect to receive a biometrics appointment notice with a date, time, and location to report to. At this appointment, they will have their photo and fingerprints taken. When USCIS has finished processing the application, they will send a notice of a date, place, and time for the green card interview. The interview is the last step of the green card process, and the examiner may approve the application at this interview or ask for more time to make their decision.
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Frequently asked questions
Yes, as a U.S. citizen, you can apply for a green card for your parents-in-law. You must be 21 years or older and provide proof of your relationship with your parents-in-law.
The application process for a green card for parents typically involves the following steps:
- Collecting documents to prove the relationship with your parents-in-law.
- Filing Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) and paying the associated fee of $420.
- If your parents-in-law are outside the U.S., they will need to complete visa processing at their local U.S. consulate.
- Your parents-in-law may also need to file Form DS-260 online and submit supporting documents to the National Visa Center (NVC).
- If your parents-in-law are in the U.S., they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130.
- You may also need to file Form I-864, Affidavit of Support, to demonstrate your financial support for your parents-in-law.
The processing time for a green card for parents can vary. Typically, it takes a minimum of three months for USCIS to approve Form I-130. The entire application process can take around 12 months, but in some cases, it may take five years or more, depending on various factors.
