Keith Mack
If you are a US citizen, you may be able to sponsor a family member to join you in the US. However, it is important to note that the ability to sponsor a family member depends on the type of relationship. US citizens can sponsor their spouse, parents, children, and siblings for a Green Card. If you are hoping to sponsor your in-laws to come to the US, it is important to understand that only your spouse can sponsor their parents if they are a US citizen and over 21 years old. If your spouse is a Green Card holder, they cannot sponsor their parents, but they can apply for US citizenship to become eligible. Once your spouse becomes a US citizen, they can file Form I-130 to sponsor their parents.
Sponsoring in-laws to the US
| Characteristics | Values |
|---|---|
| Sponsoring in-laws as a US citizen | Not possible |
| Sponsoring in-laws as a Green Card holder | Not possible |
| Sponsoring in-laws as a US citizen's spouse | Possible |
| Sponsoring children as a US citizen | Possible |
| Sponsoring parents as a US citizen | Possible |
| Sponsoring siblings as a US citizen | Possible |
| Sponsoring parents as a Green Card holder's spouse | Possible once spouse becomes a US citizen |
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What You'll Learn
Sponsoring in-laws as a US citizen
If you are a US citizen, you cannot sponsor your in-laws for a Green Card. However, your spouse can sponsor their parents for a Green Card if they are a US citizen and 21 years of age or older. If your spouse is a Green Card holder, they cannot sponsor their parents, so they should apply for citizenship. It could take less than two years to become a US citizen after applying. Once your spouse is a US citizen, they can file for their parents. To do so, they should file Form I-130 to sponsor their parents. A separate Form I-130 should be filed for each parent. After filing Form I-130, if the petition is approved, the next steps depend on where the parent lives. If they are already in the US legally, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If they are outside the US, they need to follow the consular processing process. Their application will be sent to the National Visa Center, and once Form I-130 is approved, they must fill out Forms DS-260 and DS-261.
Upon approval, your in-laws can enter the US and officially become Permanent Residents. They will likely get an I-551 stamp, which acts as proof of permanent residency until their physical Green Card arrives. USCIS will mail the Green Card to the provided mailing address.
If your spouse does not have sufficient income to support their parents, you can serve as a co-sponsor on the affidavit of support (I-864). It is best to consult with an immigration attorney to ensure everything is prepared and filed correctly.
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Sponsoring in-laws as a Green Card holder
To sponsor your in-laws to the US, you must be a US citizen. Green Card holders can only sponsor their spouses and unmarried children. To sponsor a parent, you must be a US citizen who is 21 years of age or older. This is similar to the requirements for sponsoring a sibling.
If you are a US citizen, you can sponsor your son-in-law or daughter-in-law for a Green Card. However, if your child (who is a US citizen) does not have sufficient income to support their spouse, you can co-sponsor the Form I-864 (affidavit of support) as a joint sponsor.
A joint sponsor is a US citizen or Green Card holder who agrees to take on the legal obligation of financially supporting an applicant for a family-based Green Card. Joint sponsorship is an option when the primary sponsor's income alone cannot meet the minimum financial requirement.
It is important to note that the terms "child" and "son/daughter" have different meanings in US immigration law. A "child" is an unmarried person under 21 years of age, while a "son" or "daughter" is a person who is married or 21 years of age or older.
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The process of sponsoring in-laws
If you are a US citizen, you cannot sponsor your in-laws for a Green Card. Only your spouse can sponsor their parents for a Green Card, and they must be a US citizen and 21 years of age or older to do so. If your spouse is a Green Card holder, they cannot sponsor their parents, so it is recommended that they apply for citizenship as soon as they are eligible. The process for your in-laws to obtain a Green Card through your spouse involves the following steps:
First, your spouse should file Form I-130 to sponsor their parent(s). Separate Form I-130s should be filed for each parent. After filing Form I-130, if the petition is approved, the next steps depend on where the parent(s) live. If they are already in the US legally, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If they are outside the US, they need to follow the consular processing process. Their application will be sent to the National Visa Center, and once Form I-130 is approved, they must fill out Forms DS-260 and DS-261.
Upon arrival in the US, a Customs and Border Protection officer will inspect the person at the port of entry. After approval, they can enter the US and officially become Permanent Residents. They will likely receive an I-551 stamp, which serves as proof of permanent residency until the physical Green Card arrives in the mail.
It is important to note that sponsoring a parent or in-law for a Green Card is different from providing financial support. While you cannot directly petition for your in-laws' Green Cards, you can be a sponsor for their visitor visas and provide financial support. Additionally, if your spouse does not have sufficient income to support their parents, you can co-sign the affidavit of support (Form I-864). Consulting with an immigration attorney is recommended to ensure that all necessary forms are prepared and filed correctly.
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Requirements for in-laws to get a Green Card
To get a Green Card, most people will need to complete at least two forms: an immigrant petition (Form I-130) and a Green Card application (Form I-485). Typically, someone else must file the petition for you (i.e., sponsor you), although you may be eligible to file for yourself in some cases.
In the case of sponsoring in-laws, your spouse must serve as the sponsor, but you can serve as a co-sponsor on the affidavit of support (Form I-864). It is important to consult with an immigration attorney to ensure that everything is prepared and filed properly.
To be eligible for a Green Card as a family preference immigrant, the following requirements must be met:
- Properly file Form I-485, Application to Register Permanent Residence or Adjust Status.
- Be inspected and admitted or inspected and paroled into the United States.
- Be physically present in the United States at the time of filing Form I-485.
- Have an immigrant visa immediately available when filing Form I-485.
It is worth noting that the eligibility requirements may vary depending on the immigrant category under which you are applying. For example, the number of green cards granted to family-based applicants depends on their preference category, with unlimited green cards available for immediate relatives.
Additionally, the two-year conditional residence period counts toward satisfying a residency requirement for U.S. naturalization. Conditional permanent residents have the same rights, privileges, responsibilities, and duties as other lawful permanent residents, with the exception of satisfying conditions before the two-year period ends.
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Adjustment of status for in-laws already in the US
Adjustment of status is the process by which a foreign national already in the US can apply for lawful permanent resident status (a green card). To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the United States, must be eligible to receive an immigrant visa, and must not be inadmissible to the United States.
Most people who apply for a green card will need to complete at least two forms: an immigrant petition and a green card application. Someone else usually must file the petition for them (often referred to as sponsoring or petitioning), although they may be eligible to file for themselves in some cases.
To apply for adjustment of status for parents who currently reside in the US, you must file Form I-130 (Petition for Alien Relative). Once the I-130 is approved, you will submit Form I-485 (Application to Register Permanent Residence or Adjust Status). Immigrant visas for immediate relatives of US citizens are unlimited, so the visas are always available.
If you are applying to adjust your status to a lawful permanent resident under Section 245(i) of the Immigration and Nationality Act (INA), you must complete both Form I-485 and Form I-485 Supplement A, Adjustment of Status Under Section 245(i). After filing Form I-485, you will be mailed a notice for your biometrics services appointment at a local Application Support Center (ASC) to provide your fingerprints, photograph, and/or signature.
If the officer approves your application, you will be issued a green card and will become a lawful permanent resident of the United States. If the officer denies your application, you may appeal the decision or file a motion to reopen or reconsider your case.
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Frequently asked questions
No, you cannot sponsor your in-laws for a Green Card. Only your spouse can sponsor their parents for a Green Card if they are a US citizen aged 21 or over.
If your spouse is a US citizen, you can co-sponsor your in-laws by serving as a co-sponsor on the affidavit of support (I-864).
Your spouse should file Form I-130 to sponsor their parents. A separate form should be filed for each parent. After filing, if the petition is approved, the next steps depend on where the parent lives. If they are in the US, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If they are outside the US, they need to follow the consular processing procedure.
