Cecily Zamora
If you are a US citizen and want to file a petition for your mother-in-law to live in the United States, you cannot do so until you are a naturalized citizen. However, if your mother-in-law is already in the US, you can be a sponsor for her visitor visa. If you are petitioning for your own mother, you must be a US citizen and at least 21 years old. If your mother is outside the US, she will need to go to the local US consulate to complete the visa processing. If your mother is already in the US, she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status.
| Characteristics | Values |
|---|---|
| Can a US citizen file a petition for their mother? | Yes, if they are over 21 years old. |
| Can a Green Card holder file a petition for their mother? | No. |
| Can a US citizen file a petition for their mother-in-law? | No, but they can be a sponsor for her visitor visa. |
| Can a Green Card holder file a petition for their mother-in-law? | No, but they can be a sponsor for her visitor visa. |
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What You'll Learn
Sponsoring a mother-in-law's visitor visa
Sponsoring a mother-in-law for a visitor visa to the US requires some important steps to be followed. Firstly, it is crucial to understand that a visitor visa or a tourist visa is different from a Green Card, which allows permanent residency. For a visitor visa, your mother-in-law must apply for the visa on her own merits and provide evidence that she intends to return to her home country. This is a crucial aspect of her application, and the authorities will need to be convinced that she will not overstay.
To support her application, you can send your mother-in-law an invitation to visit. This can be related to a ceremony or event, such as your graduation or a competition. It is also beneficial to provide documentation that proves your mother-in-law's identity and demonstrates her ties to her home country. For example, if she has other children, a spouse, a job, bank loans, or property in her home country, this can strengthen her case.
It is important to note that sponsorship is typically more applicable when someone is immigrating or moving to the US permanently. In the case of a visitor visa, your mother-in-law must qualify based on her own circumstances and ability to demonstrate her intention to return home. While you can provide supporting documents and an invitation, ultimately, she will need to meet the requirements independently.
Additionally, if your mother-in-law already lives in the US and entered the country without inspection, there are other considerations. In this case, you may be able to petition for her to obtain residency or a work permit, but it is essential to seek advice from an immigration lawyer to understand the specific details of her case.
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Filing a petition for a parent who entered without inspection
If you are a US citizen and are 21 or older, you can file a petition for your mother-in-law to immigrate to the United States. The first step in this process is to file an I-130 petition, which, if approved, will allow your mother-in-law to apply for a Green Card.
If your mother-in-law entered the US without inspection, she will likely be required to return to her home country for her permanent residence interview. If she has lived in the US for over 180 days, she will need to apply for an I-601 or I-601A inadmissibility waiver to re-enter the US legally after her interview. This waiver is based on the concept of extreme hardship and is only granted if the applicant has a qualifying relative, such as a US citizen or permanent resident spouse or parent. It is important to note that a son or daughter who has filed an I-130 petition does not count as a qualifying relative for the purposes of this waiver.
If your mother-in-law has already lived in the US for a significant period, she may be barred from re-entering for 3 years if she leaves after spending more than 180 days in the country unlawfully. Those who have accrued more than 1 year of unlawful presence and then leave will not be allowed to return for 10 years.
In some cases, undocumented parents may be able to gain lawful permanent resident status through Section 245(i) of the Immigration and Nationality Act (INA). This applies if anyone or any employer submitted a visa petition for your mother-in-law on or before April 30, 2001. If this is the case, your mother-in-law may be able to adjust her status through a US citizen child.
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Petition approval and visa processing
To begin the process of petition approval and visa processing for your mother-in-law, you must be a US citizen and at least 21 years old. The first step is to submit Form I-130, Petition for Alien Relative, to help your mother-in-law apply to immigrate to the United States and apply for a Green Card. This form requires information about both you, the petitioner, and your mother-in-law, the immigrant or beneficiary. It is important to note that Green Card holders cannot petition to bring parents to live permanently in the US.
Soon after sending in the petition, you will receive a receipt notice from USCIS, along with information on how long the processing is likely to take. You can also sign up for automatic email updates about the case. If USCIS requires additional documentation, they will send a Request for Evidence (RFE) letter. Eventually, USCIS will notify you of the approval or denial of the visa petition. 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 the 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. This allows her to apply for an immigrant visa with the US Department of State at a US embassy or consulate through consular processing. Additionally, your mother-in-law can apply for employment and travel authorization while her case is pending using Form I-765 and Form I-131, respectively.
It is important to note that if your mother-in-law has minor children abroad, they cannot be sponsored on the same petition. Also, if your mother-in-law's name has changed, you must include proof of the legal name change, such as a marriage certificate or court judgment of name change. If the visa petition is denied, the denial letter will inform you of the appeal process and the time frame for filing an appeal.
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Appealing a denied visa petition
To petition for your mother-in-law to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years old. If your petition is approved, your mother-in-law will be notified to go to the local U.S. consulate to complete her visa processing.
If your petition is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. Generally, only the petitioner may file an appeal or motion of a denied or revoked visa petition. To file an appeal, you must meet the following requirements:
- You must have had an approved Form I-140 that USCIS later revoked.
- You must have filed a Form I-485 based on a valid Form I-140, and the Form I-485 must have been pending for 180 days or more.
- You must have submitted a Form I-485 Supplement J after Jan.
Most appeals are filed using Form I-290B, Notice of Appeal or Motion, but there are some exceptions. For example, appeals of decisions on an N-400, Application for Naturalization, are made on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336. If the underlying application or petition was denied due to abandonment, you may file a motion to reopen if you can show that the request for evidence or appearance was not sent to the address of record. A motion to reconsider is a request to the office that issued the unfavorable decision to review its decision based on an incorrect application of law or policy.
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Obtaining a Green Card through sponsorship
If you are a US citizen, you may be able to sponsor a family member for a Permanent Resident Card, also known as a Green Card. This process is only available to immediate relatives, such as spouses, unmarried children under 21, or parents, of whom the sponsor is over the age of 21.
If your mother-in-law is outside of the US, you will need to file a Form I-130 petition. If this is approved, your mother-in-law will be notified to go to her local US consulate to complete the visa process. If your mother-in-law is in the US, she may be eligible to file a Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130.
It is important to note that if your mother-in-law has any minor children abroad, they cannot be sponsored on the same petition. Additionally, if your mother-in-law has entered the US without inspection, she may need to obtain DACA and advance parole or consular process with an I-601A waiver.
It is recommended to consult an immigration lawyer to ensure that your mother-in-law is not eligible for a 245i adjustment, as this may impact her ability to obtain a Green Card, even with your sponsorship. They will also be able to advise on any other specific requirements or forms that may be needed, such as proof of legal name changes, and ensure that your mother-in-law meets the eligibility requirements for a Green Card.
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Frequently asked questions
No, you cannot file an immigrant petition for your mother-in-law. Your spouse must be a US citizen to file an immigrant petition for their mother. However, you can be a sponsor for her visitor visa.
If your mother-in-law is already in the US, you should consult an immigration lawyer to check if she is eligible for a 245i adjustment. If not, she may not have the option to get a green card even with your sponsorship.
If your mother-in-law has minor children abroad, those children cannot be sponsored on the same petition. After your mother-in-law becomes a permanent resident, she may file a new petition for any qualifying relative.
Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States. You must be a US citizen and at least 21 years old to petition for a parent to live in the US as a Green Card holder.
