Keith Mack
If you are a US citizen or permanent resident, you may be able to petition for your in-laws to come to the USA. To do this, you must file a Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes your relationship with your in-laws and allows them to apply for a Green Card. You must be able to provide proof of your relationship and that your marriage is not fraudulent. The process can be lengthy and complex, and it is recommended to consult an immigration attorney to ensure your application meets all the requirements.
| Characteristics | Values |
|---|---|
| Who can petition? | U.S. citizens, lawful permanent residents, or U.S. nationals |
| Who can be petitioned? | Eligible relatives, including spouse, children, parents, or siblings |
| What is the form for petitioning? | Form I-130, Petition for Alien Relative |
| Where to file the form? | United States Citizenship and Immigration Services (USCIS) |
| How to file the form? | Electronically or through the traditional paper process via mail |
| What happens after the form is filed? | USCIS will review the form and either approve or deny the petition |
| What if the form is denied? | The petitioner can appeal the decision and will be informed of the process and timeline |
| What if there is a change in circumstances after filing the form? | Contact the USCIS Contact Center and request a change |
| What if there is suspected marriage fraud? | Report it to the USCIS; marriage fraud may result in prison time and a fine |
| Can I file a petition for my in-laws? | Yes, if you are a U.S. citizen and your in-laws meet the criteria for eligible relatives |
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What You'll Learn
Sponsoring a family member
It's worth noting that the filing or approval of Form I-130 does not automatically grant any immigration status or benefits to the sponsored relative. Once the petition is approved, the relative may then apply for a Green Card. If the relative is outside the United States, the petition will be sent to the National Visa Center (NVC), which will forward it to the appropriate U.S. consulate when a visa becomes available. The relative's preference category will determine how long they need to wait for an immigrant visa number.
In some cases, it is procedurally simple to petition for multiple family members, as they can all be named on the same Form I-130. However, immediate relatives of the sponsor must each have their own visa petition. Additionally, sponsors must demonstrate that they have the financial capacity to support their sponsored relatives and prevent them from becoming a "public charge," relying on means-based public assistance. This can be done using USCIS Form I-864, the Affidavit of Support.
It's important to be aware that the process can take a significant amount of time, especially for preference relatives, who may have to wait several years before being allowed to apply for their visa or Green Card. The waiting period can be further extended if a high number of people from the same country are also submitting petitions. Consulting an experienced immigration attorney can be helpful in navigating the process and ensuring all necessary forms and requirements are completed correctly.
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Requirements for petition approval
To petition for your in-laws to come to the USA, you must be a U.S. citizen, lawful permanent resident, or U.S. national. You will need to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes your qualifying relationship with your in-laws and their eligibility to immigrate to the United States. You can file this form electronically or through the traditional paper process by mail.
- Qualifying Relationship: You must be able to establish a qualifying relationship between yourself and your in-laws. This means that your in-laws must be your spouse, parent, or child.
- Eligible Relative: Your in-laws must be eligible to immigrate to the United States. They must not have any disqualifying factors, such as a criminal record or security concerns.
- Complete and Accurate Information: The Form I-130 must be filled out completely and accurately. All sections must be completed, and no part should be left blank. Ensure that all required documents are included with the form.
- Select Consular Processing or Adjustment of Status: In Part 4 of the form (Question 61 or 62), you must indicate whether your relative will seek adjustment of status inside the United States or consular processing abroad. You must select only one option. This selection may impact the processing of the petition and the next steps for your relative.
- Filing Location: The filing location for Form I-130 depends on where you live and whether you are concurrently filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you reside in the United States, you must file the petition with the USCIS Chicago Lockbox facility, following the instructions on the USCIS website.
- Approval and Next Steps: Even if your petition is approved, it does not automatically grant your in-laws immigration status or benefits. They may then be eligible to apply for a Green Card (Permanent Resident Card) by filing Form I-485 if they are already in the United States and an immigrant visa is available. If your in-laws are outside the United States, their approved petition will generally be sent to the Department of State's National Visa Center for consular processing.
Please note that the above information provides general guidelines, and you should refer to the USCIS website for the most up-to-date and comprehensive instructions.
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Marriage fraud
To bring your in-laws to the USA, you can file a Form I-130, Petition for Alien Relative. This form establishes your qualifying relationship with your in-laws and allows them to apply for permanent residence in the US, also known as a Green Card. However, it is important to note that marriage fraud, including entering into a marriage solely for immigration purposes, is illegal and carries serious consequences.
The typical scenario in marriage fraud cases involves a US citizen being paid to marry a foreign national to help them obtain permanent resident status in the US. While these marriages may fulfil all state law requirements, such as medical tests and a ceremony, the couple does not intend to live together as a married couple.
To prevent marriage fraud, US authorities have implemented a two-year testing period for couples who have been married for less than two years when their Green Card is approved or when they enter the US on an immigrant visa. This period is called "conditional residence", and towards the end, the couple must submit a joint application (Form I-751) proving that their marriage is genuine and ongoing.
Both the immigrant and the US petitioner can face civil and criminal penalties for committing marriage fraud, including fines and jail time. Additionally, a fraudulent marriage can lead to deportation for the US petitioner if they are not yet a citizen, and the immigrant will likely be denied future Green Cards.
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Permanent resident card (Green Card)
A Permanent Resident Card, also known as a Green Card, allows you to live and work permanently in the United States. There are several ways to become a lawful permanent resident and obtain a Green Card.
Family-Based Immigration
U.S. citizens and lawful permanent residents can sponsor their immediate relatives (spouse, parent, child, or sibling) for a Green Card. To do this, the petitioner must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the petitioner and the beneficiary (the relative wishing to immigrate). The beneficiary must then apply for a Green Card, either through adjustment of status in the United States (if already in the country) or through consular processing abroad. There is no limit to the number of Green Cards available for immediate relatives of U.S. citizens, so there is no waiting period for this category.
For other family members who are not immediate relatives, there may be a longer waiting period as there is a limited number of Green Cards issued in this category each year. The preference categories for family-based immigration are as follows:
- Second preference: spouses, minor children, and unmarried sons and daughters (age 21 and over) of Legal Permanent Residents.
- Third preference: married sons and daughters of U.S. citizens, and their spouses and minor children.
- Fourth preference: brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
Employment-Based Immigration
A limited number of Green Cards are available for foreign nationals who are sponsored for residency through employment. In these cases, the U.S. employer must typically prove that there are no qualified, willing, or able American workers for the position and agree to pay a certain required wage to the foreign national. The preference categories for employment-based immigration are:
- First preference: applicants with extraordinary ability in arts, sciences, education, business, or athletics; outstanding professors and researchers; and certain managers and executives of multinational companies.
- Second preference: professionals with advanced degrees or exceptional ability.
- Third preference: skilled and professional workers.
- Fourth preference: religious workers and miscellaneous special immigrant categories.
- Fifth preference: employment creation visas for investors who invest either $1 million or $500,000 (if the business is located in a Targeted Employment Area) into a U.S. business, creating or sustaining at least 10 full-time jobs.
Renewal and Replacement
Lawful permanent residents can renew or replace their Green Card using Form I-90, while conditional permanent residents can replace their Green Card using Form I-751 or Form I-829. There may be filing fees associated with renewal or replacement, and the cost varies depending on the specific situation.
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Appeals process
If you are a U.S. citizen or lawful permanent resident, you can petition for your in-laws to come to the USA. To do this, you must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This can be done electronically or through the mail.
The USCIS will generally approve your Form I-130 if you can establish a qualifying relationship between you and your relative that allows them to immigrate to the United States. After the petition is approved, your relative may apply for a Green Card (Permanent Resident Card).
If your Form I-130 petition is denied, you may be able to file an appeal or a motion on the unfavorable decision. An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), which is an office within the Department of Justice. The BIA and AAO are administrative appellate entities with jurisdiction over different types of immigration cases. The denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal.
A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. You may file a motion to reopen or a motion to reconsider, even if your case is not eligible for an appeal. 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. The motion must establish that the decision was incorrect based on the evidence of record at the time of the decision and must be supported by citations to appropriate statutes, regulations, or precedent decisions. You can file most motions on Form I-290B, Notice of Appeal or Motion, with the appropriate fee.
You are not required to submit a brief with an appeal, but you may choose to do so. However, you must specifically identify any erroneous conclusion of law or statement of fact in the unfavorable decision. If you do not provide a sufficient explanation of why you think the earlier decision was in error, your appeal may be dismissed. You do not need to file the brief and/or supporting evidence together with the appeal; you may provide that documentation either with the appeal or submit it directly to the AAO within 30 days after filing the appeal. The AAO aims to complete its appellate review within 180 days from receiving a complete case file after the initial field review, but some cases may take longer.
Generally, you must file an appeal within 30 days from the date of the decision. When you are notified of an unfavorable decision that may be appealed, you will also receive information about which form to use. Appeals of decisions on Form I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, with the office that made the decision on the petition.
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Frequently asked questions
Yes, as a U.S. citizen, you can petition for your in-laws to come to the USA by filing Form I-130, Petition for Alien Relative.
Form I-130, Petition for Alien Relative, is the first step in helping an eligible relative apply to immigrate to the United States and apply for a Green Card.
You can file Form I-130 electronically or through the traditional paper process by mail.
After filing Form I-130, your relative may be eligible to apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
