Petitioning Your Mother-In-Law: Is It Possible?

If you are a US citizen and want to bring your mother-in-law to the US, you may be able to do so by sponsoring her for a green card or visitor visa. However, it is important to note that mother-in-law is not a legal relationship that can serve as the basis for an immigrant petition. Therefore, if your spouse is a US citizen, they may be able to petition for their mother to come to the US with a green card. If your mother-in-law is already in the US, but her status is illegal, she may need to adjust her status by finding out what type of visa she has or how she entered the country. Consulting an experienced immigration attorney is recommended to guide you through the specific process and requirements.

Characteristics and Values Table

Sponsoring a mother-in-law with a felony conviction

If you are a US citizen or permanent resident with a felony conviction, it may be more difficult to get approval to sponsor your mother-in-law for a green card. The US Citizenship and Immigration Services (USCIS) will consider the type of crime committed, the time that has passed since the conviction, and whether the sponsor poses a risk to the person they are sponsoring.

Under the Adam Walsh Child Protection and Safety Act of 2006, now part of the Immigration and Nationality Act, convictions for certain "offenses against a minor" will automatically disqualify a US citizen from sponsoring a family member for a green card. These offenses include kidnapping, false imprisonment, criminal sexual conduct involving a minor, or any conduct that is, by its nature, a sex offense against a minor.

If the felony conviction is not related to a crime against a minor, it may still be possible to sponsor your mother-in-law for a green card. However, USCIS will consider your entire criminal history and may request additional information about prior convictions. The more serious the crime, the less likely you are to be approved as a sponsor.

To increase the chances of a successful petition, it is recommended to work with an immigration attorney who can guide you through the process and help you prepare the necessary documentation. The attorney can also evaluate your specific circumstances and advise on the best course of action.

Petitioning for a mother-in-law from Mexico

If you are a US citizen and your spouse is a green card holder, you cannot petition for your mother-in-law to immigrate to the US. However, if your spouse becomes a US citizen, they can file an immigrant petition for their mother.

There are three basic methods for obtaining an immigrant visa to the US: through a family relationship with a US citizen or legal permanent resident, through employment, or through the Diversity Immigrant Visa Program (the visa lottery). Most applicants in Mexico obtain their immigrant visas via family relationships.

If your spouse is a US citizen, they can file a Form I-130 (Petition for Alien Relative) by mail with US Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. Once the petition is approved, USCIS sends the petition to the Department of State's National Visa Center in Portsmouth, New Hampshire. The National Visa Center retains the approved petition until the case is ready for adjudication by a consular officer abroad. Petitions may remain at the National Visa Center for several months or years, depending on the visa category and country of birth of the visa applicant. When the beneficiary's priority date is about to become current, the National Visa Center sends the petitioner a bill for processing Form I-864 (Affidavit of Support). The National Visa Center also sends the beneficiary a Form DS-261 (Choice of Address and Agent). Once the Form I-864 processing fee is paid, the National Visa Center sends the form and related instructions to the petitioner. After the National Visa Center receives the completed Form DS-261 from the applicant, it mails a bill for the immigrant visa fee to the designated agent. Once the immigrant visa fee is paid, the National Visa Center sends the Instruction Package for Immigrant Visa Applicants to the agent. You or your agent must follow the directions in the package exactly. Failure to do so could result in delays or even cause you to lose your chance to live and work in the United States. Once the National Visa Center completes its administrative processing, the case file is sent to the Immigrant Visa Unit of the US Consulate General in Ciudad Juarez. The National Visa Center will notify you by mail when this occurs.

The priority date for a family-based immigrant visa petition is the date the petition was filed, not the date it was approved. Family-based immigrant visas are divided into two groups: immediate relative cases and preference cases. An immediate relative family-based petition is filed by a US citizen on behalf of a spouse, parent, or child. A preference family-based petition is filed by a US citizen on behalf of a son, daughter, or sibling, or by a legal permanent resident on behalf of a spouse, son, daughter, or child. Because the law does not limit the number of immediate relative visas, the priority date is usually irrelevant in such cases. However, the priority date in a preference case matters greatly.

Petitioning for a mother-in-law who is in the US illegally

If your mother-in-law is in the US illegally, the first step is to determine her original entry status. If she entered the country legally and has simply overstayed her visa, the process is more straightforward. In this case, if your spouse is a US citizen, they can sponsor their mother and a green card is available immediately. However, your mother-in-law will need to adjust her status by providing a legal entry record, such as a stamp or I-94. An experienced immigration attorney can help you navigate this process and determine the best course of action.

If your mother-in-law entered the country illegally, the situation is more complex. If she has a deportation order or is barred from the US, the options are very limited. However, if she does not have any legal issues, there may be a possibility to adjust her status without leaving the country. To do this, she will need a legal entry record, such as a stamp or I-94, to get a green card. If she does not have the required documentation, she may be able to file an I-130 petition with a waiver for unlawful presence (I-601A) and then go through the consular process, including an interview.

It is important to note that a mother-in-law is not considered a legal relationship that can serve as a basis for an immigrant petition. Therefore, you cannot directly petition for your mother-in-law to gain legal status. However, if your spouse is a US citizen, they can sponsor their mother and file a petition on her behalf. To do this, your spouse must be at least 21 years old and provide proof of their citizenship status.

In summary, petitioning for a mother-in-law who is in the US illegally can be a complex process, and the specific steps will depend on the individual circumstances. It is highly recommended to consult with an experienced immigration attorney who can review your mother-in-law's case and advise on the best course of action. They can guide you through the various forms and requirements, such as Form I-130 and Form I-485, and help you navigate the complex US immigration system.

Sponsoring a mother-in-law with a visitor visa

When applying for a visitor visa, your mother-in-law must submit her application independently and on her own merits. She will need to provide evidence of her identity and strong ties to her home country, proving that she intends to return and will not overstay her visa. Having a sponsor in the US who can cover her expenses can be beneficial, but it is not a requirement and may not be necessary to mention during the application process.

It is important to note that any financial support or sponsorship you provide does not guarantee visa approval. The decision ultimately rests with the relevant authorities, who will assess your mother-in-law's application based on its individual merits and the provided evidence.

Additionally, if your spouse is a US citizen, they can petition for their mother to obtain a green card and immigrate to the United States permanently. This option is only available to US citizens and is not possible for green card holders.

In conclusion, while you cannot petition for your mother-in-law to immigrate to the US, you can financially support her application for a visitor visa. Remember that the most important factor is for your mother-in-law to demonstrate strong ties to her home country and her ability to return there after her visit.

Petitioning for a mother-in-law with a green card

It is not possible to petition for a mother-in-law with a green card, as "mother-in-law" is not a legal relationship that can serve as a basis for an immigrant petition. However, if your spouse is a US citizen, they can petition for their mother to come to the United States with a green card. To do this, your spouse must be at least 21 years old and a naturalized US citizen. Once your spouse has become a US citizen, they can file Form I-130, Petition for Alien Relative, and the mother can apply for a Green Card based on their family relationship.

If 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. She will receive a passport stamp upon arrival in the United States, which will prove that she is allowed to work until she receives her Green Card. 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, concurrently with Form I-130. She may also need to include proof of any legal name changes, such as a marriage certificate or court judgment of name change.

It is important to note that if your mother-in-law has minor children abroad, those children cannot be sponsored on the same petition. Additionally, if your mother-in-law is inadmissible, she may need to apply for a waiver of inadmissibility or other forms of relief, such as Form I-601 or Form I-212, to be eligible for a Green Card.

For more specific information and guidance on petitioning for a mother-in-law with a green card, it is recommended to consult with an immigration lawyer.

Frequently asked questions