Kara Sears
A petition is a request to do something, typically directed at a government agency or public official. In the context of immigration, a petition is a formal request made to a government to grant someone a particular immigration status. In the United States, a U.S. citizen can petition for their parents to live in the country as Green Card holders, but there is no recognized category for a U.S. citizen to sponsor their in-laws for immigration. However, if the spouse of a U.S. citizen becomes a U.S. citizen themselves, they can file petitions for their own parents.
| Characteristics | Values |
|---|---|
| Who can petition? | Any interested person |
| Who can be petitioned? | State agency, court, government agency, public official |
| What is the purpose? | Request adoption, amendment, or repeal of a regulation; request specific orders in a pending case; ask officials to take or refrain from taking specific actions; express opinions |
| Who can be petitioned for in-laws? | Only a daughter can file a petition for her parents |
| Who cannot petition for in-laws? | A U.S. citizen, a Green Card holder (permanent resident) |
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What You'll Learn
Sponsoring in-laws for US citizenship
To initiate the process, you need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor requires a separate Form I-130, which can be submitted online or by mail. The process for your in-laws to immigrate will differ depending on whether they are already in the US or abroad. If your in-law is in the US, they will need to learn about Adjustment of Status, whereas if they are outside the US, they will need to follow the steps for Consular Processing.
It is important to note that if your in-laws have minor children abroad, those children cannot be sponsored on the same petition. However, once your in-law becomes a permanent resident, they may file a new petition for any qualifying relative. Additionally, sponsoring a parent for a Green Card requires you to be a US citizen and at least 21 years old. Green Card holders cannot petition to bring parents to live permanently in the United States.
Given the complexities of immigration law, it is advisable to consult with an immigration lawyer who can provide personalized guidance and ensure a smooth process for sponsoring your in-laws for US citizenship.
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Petitioning for in-laws to live in the US
If you are a US citizen and want to petition for your in-laws to live in the US as Green Card holders, you must be over the age of 21. Permanent residents cannot petition to bring their in-laws to live in the US. You will need to submit Form I-130, Petition for Alien Relative, to establish your qualifying relationship with your in-laws and their eligibility to immigrate to the US. Note that if your name or your in-laws' names have changed, you must include proof of the legal name change, such as a marriage certificate or court judgment of name change.
If your in-laws are already in the US and have applied for permanent resident status by filing Form I-485, they can apply for employment and travel authorization while their case is pending using Form I-765 and Form I-131, respectively. If your in-laws have minor children abroad, those children cannot be sponsored on the same petition. However, once your in-law becomes a permanent resident, they can file a new petition for any qualifying relative.
If your in-laws are outside the US and your Form I-130 petition is approved, they will be notified to go to their local US consulate to complete their visa processing. If you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as Form I-130, this is called "concurrent filing." If you are not filing concurrently, your in-laws may be eligible for a nonimmigrant K-4 visa, which will allow them to come to the US to live and work or go to school while the visa petition is pending.
If your Form I-130 petition is denied, the denial letter will inform you of the appeals process and the time frame for filing an appeal. If your appeal and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.
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In-laws with minor children abroad
If you are a U.S. citizen, you may petition for your minor children to live with you in the United States as permanent residents. To do this, you must file Form I-130, Petition for Alien Relative. Your child will then be eligible to apply for a nonimmigrant K-4 visa, which will allow them to live and work or go to school in the U.S. while the visa petition is pending. However, a K-4 visa is not required, and your child can remain in their home country while the petition is processed. If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the form was filed.
If you are petitioning for a step-child, and you have not been married to the child's other parent for at least two years when the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence, can be used to remove this status. If your spouse and child became CPRs within 90 days of each other, the child can be included in your spouse's petition.
If you are the father petitioning for your child, legitimation is required in accordance with the laws of your place of residence. If the relationship is not legitimized under applicable laws, you must show that a bona fide parent-child relationship existed before the child's 21st birthday and while the child was unmarried. This can include proof of emotional or financial support.
If your minor child is travelling alone to another country, you may need to submit an unaccompanied minor form and pay a fee for unaccompanied minor service. This service provides an airline employee escort for your child at the airport and on board the plane. You and the person picking up your child may also need to provide identification and contact information. Additionally, depending on the country, your child may need a visa and other travel documents, such as a letter of consent from the other custodial parent. It is recommended that anyone under the age of majority (under 18 or 19) carry a consent letter when travelling abroad.
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In-laws visiting the US
If you are a US citizen and want your in-laws to visit you in the US, they will need to apply for a B-2 visitor visa at the US Embassy or Consulate. This is a tourist visa and is required for anyone visiting the US. The B-2 visa allows visitors to stay in the US for up to six months initially, and this period can be extended multiple times with no limit on the number of extensions. However, the USCIS requires a minimum of four months to process an application for extension, so your in-laws must ensure that their application is submitted before their current stay expires.
Alternatively, if your in-laws are eligible, they can enter the US on the Visa Waiver Program, which allows visitors from certain countries to visit for up to 90 days without a visa. However, those who enter the US under this program cannot apply for an extension beyond 90 days.
It is important to note that under US law, consular officers are not permitted to issue a B visa if they believe the applicant does not have strong ties to their home country that will bring them back. Therefore, your in-laws must provide evidence of their ties to their home country when applying for the B-2 visa.
If you are a US citizen and want your in-laws to live in the US as permanent residents, you can petition for them to become Green Card holders. To do this, you must be at least 21 years old. If your in-laws have minor children abroad, those children cannot be sponsored on the same petition, and a separate petition must be filed for them. If your petition for your in-laws is denied, you will be informed of how to appeal and the time frame within which you must do so.
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Consulting an immigration attorney
If you are considering petitioning for your in-laws to live in the United States as permanent residents, it is important to consult an immigration attorney to ensure you understand your options, the possible risks, and the best path forward. Immigration law can be complex, and an experienced lawyer can guide you through the process step by step.
When consulting an immigration attorney, it is important to ensure that the lawyer is authorized to provide legal advice and is eligible to practice in your state. You can find information about authorized attorneys through the American Bar Association or the Department of Justice (DOJ). The DOJ provides a list of attorneys who offer immigration services at little to no cost, as well as accredited representatives and recognized organizations. It is also important to check that the attorney is not on the List of Currently Disciplined Practitioners, which lists individuals who have been expelled, disbarred, or suspended from practicing law.
During your consultation, the immigration attorney will be able to explain the specific requirements and restrictions for petitioning your in-laws. For example, only U.S. citizens who are at least 21 years old are eligible to petition their parents to live in the United States as Green Card holders. Green Card holders themselves cannot petition to bring their parents to live permanently in the country. The attorney can also advise on any name changes, as well as the necessary forms and fees, and the appeals process in case of denial.
Additionally, it is important to be aware of your rights and the rights of your in-laws during the immigration process. If anyone is detained by ICE, they have the right to consult a lawyer, although the government is not required to provide one. They can request a list of free or low-cost alternatives and have the right to remain silent and refuse searches without consent or probable cause. It is also within their rights to have an attorney present at any hearing before an immigration judge and to challenge a deportation order.
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Frequently asked questions
No, there is no recognized category for a U.S. citizen to sponsor an in-law for a green card.
Yes, once your spouse is a U.S. citizen, they can file petitions for their parents.
Yes, but you must be a U.S. citizen and at least 21 years old.
No, if your parents have minor children abroad, those children cannot be sponsored on the same petition.
