Cameron Miranda
If you are a lawful permanent resident of the United States, you may be able to sponsor a family member for a Permanent Resident Card, commonly known as a Green Card. To petition for your mother 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 you are a lawful permanent resident mother with a child born during a temporary absence from the U.S., your child will be classified as NA3 and will be exempt from the passport and immigrant visa requirement when arriving in the U.S. for the first time.
| Characteristics | Values |
|---|---|
| Can a lawful permanent resident file for their mother? | No, only U.S. citizens can petition for their parents to live in the United States as permanent residents. |
| What if the lawful permanent resident has a child? | If a child is born to a lawful permanent resident mother during a temporary absence from the U.S., the child is classified as NA3. |
| What are the requirements for the child to enter the U.S.? | The child must apply for admission to the U.S. within two years of birth, and be accompanied by the LPR mother upon her first return to the U.S. after the child's birth. |
| What forms need to be filled out? | Form I-181, which will be recorded at the port of entry, and Form I-485, Application to Register Permanent Residence or Adjust Status. |
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What You'll Learn
Sponsoring a mother for a Permanent Resident Card (Green Card)
To sponsor a mother for a Permanent Resident Card (Green Card), you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) cannot petition to bring parents to live permanently in the United States. If you are a U.S. citizen, you can petition for your mother to live in the United States as a Green Card holder.
To do this, you must file a Form I-130, Petition for Alien Relative. If your mother is outside the United States, she will be notified to go to the local U.S. consulate to complete visa processing. If your mother is in the United States, she may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130. This is called "adjustment of status." Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.
If your mother has minor children abroad (your siblings), they cannot be sponsored on the same petition. After your mother becomes a permanent resident, she may file a new petition for any qualifying relative. If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.
If you are sponsoring your mother for a Green Card, she does not need to apply for employment authorization (work permit) once she is admitted as an immigrant with her immigrant visa. If your mother is outside the United States, she will receive a passport stamp upon arrival, which will allow her to work until she receives her Green Card. If your mother is in the United States and has applied to adjust to permanent resident status by filing Form I-485, she is eligible to apply for employment and travel authorization while her case is pending. She should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.
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Child born to a lawful permanent resident mother abroad
A child born to a lawful permanent resident (LPR) mother during her temporary absence from the United States is classified as NA3. This classification exempts the child from the passport and immigrant visa requirement when arriving in the US for the first time. However, specific criteria must be met for this exemption to apply.
Firstly, the child must apply for admission to the United States within two years of birth. Secondly, the child must be accompanied by the parent who is applying for readmission as an LPR upon their first return to the US after the child's birth. The accompanying parent will be admitted as an LPR per standard procedures and must be admissible to the United States.
If the LPR mother seeks readmission to the US and is not accompanied by the child, the child will need an immigrant visa and passport before being admitted to the US, even if they arrive within two years of birth. If the child does not apply for admission before the age of two with an accompanying LPR parent, they will be required to present an immigrant visa and passport to be admitted to the US as a lawful permanent resident.
To apply for admission, the child should present their birth certificate listing both parents and proof of the parent's permanent resident status, such as a valid permanent resident card ("green card") or a valid re-entry permit. The child's admission as an immigrant will be recorded at the port of entry on Form I-181, which will be forwarded to the United States Citizenship and Immigration Services (USCIS) by the Customs and Border Protection (CBP). The child will also be issued an A-file number by the Department of Homeland Security (DHS), which can be used to establish eligibility for other federal, state, and local government programs within the United States.
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Adjustment of status for a lawful permanent resident
Adjustment of status is the process by which eligible nonimmigrant visa holders can apply for lawful permanent resident status (also known as a Green Card) while in the United States. This means that eligible individuals can obtain a Green Card without having to return to their home country to complete visa processing.
To apply for an adjustment of status, eligible individuals must complete Form I-485, Application to Register Permanent Residence or Adjust Status. This form can be filed concurrently with the Form I-130, Petition for Alien Relative, or after the Form I-130 is approved. In addition to Form I-485, applicants may also need to submit supporting documents, such as a copy of their marriage certificate, proof of legal name change, or passport pages.
It is important to note that not all categories require an approved immigrant petition before filing Form I-485. Some categories allow concurrent filing, where the Form I-485 can be submitted at the same time as the immigrant petition or while it is still pending. However, in most cases, individuals must wait until an immigrant visa is immediately available in their category before filing Form I-485.
After submitting the application, applicants will receive a notice for a biometrics services appointment, where they will provide fingerprints, photographs, and signatures. This information is used for identity verification and background checks. If the application is approved, individuals will first receive an approval notice, followed by their Permanent Resident Card (Green Card). If the application is denied, the decision notice will outline the reasons for denial and whether there are options to appeal or file a motion to reopen or reconsider.
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Petition for Alien Relative
To help a family member obtain a Green Card, a U.S. citizen, lawful permanent resident, or U.S. national must fill out Form I-130, also known as the "Petition for Alien Relative". This form establishes a qualifying relationship between the petitioner and their relative, allowing them to immigrate to the United States and apply for a Green Card. It is important to note that submitting the I-130 form does not grant any immigration status or benefits to the relative.
The I-130 form must be accompanied by supporting documents, such as proof of citizenship or Green Card status, and documents that establish the authenticity of the family relationship. These documents may include birth certificates, marriage certificates, tax returns, bank statements, joint insurance documents, and photos. If a primary document, such as a birth certificate, is unavailable, a letter from the relevant authorities confirming its absence must be provided, along with secondary evidence such as a baptismal certificate, school records, or statements from relatives.
Once the I-130 petition is approved, the relative may apply for a Green Card by filing Form I-485, "Application to Register Permanent Residence or Adjust Status". If the relative is already in the United States and an immigrant visa is available, they may be eligible to adjust their status and apply for a Green Card concurrently with Form I-130. However, certain relatives must wait for an immigrant visa number to become available before filing Form I-485 or requesting an immigrant visa through consular processing if they are outside the United States. Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents (if the U.S. citizen is over 21), are not subject to visa availability restrictions.
It is important to note that lawful permanent residents cannot petition to bring their parents to live permanently in the United States. Only U.S. citizens aged 21 or older can sponsor their parents for Green Cards. Additionally, children born to lawful permanent resident mothers during their temporary absence from the U.S. are classified as NA3 and are exempt from passport and immigrant visa requirements when first arriving in the U.S. These children must apply for admission within two years of birth and be accompanied by the LPR parent seeking readmission.
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Appeals process for a denied visa petition
Only the petitioner can file an appeal or motion for a denied or revoked visa petition. If you are the beneficiary, you cannot file an appeal or motion unless you are both the petitioner and the beneficiary. For instance, if you are a VAWA self-petitioner or the widow/widower of a U.S. citizen, you are authorized to file a visa petition for yourself.
If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker, filed by your employer, you may be able to file an appeal or motion in a revocation proceeding only. To be able to file an appeal or motion, you must meet the following requirements:
- You had an approved Form I-140 that USCIS later revoked
- You filed a Form I-485 based on a valid Form I-140, and the Form I-485 has been pending for 180 days or more
- You submitted a Form I-485 Supplement J after Jan
If your visa petition is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. Generally, you must file an appeal within 30 days from the date of the decision. A shorter appeal period may apply to some cases, such as the revocation of approval of a petition, which has a 15-day deadline. Your decision will tell you how long you have. There is no extension to this deadline. However, an extra 3 days is provided when your decision is mailed to you.
If your application was denied because it was missing documentation or information, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be reassessed to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.
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Frequently asked questions
No, Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
A U.S. citizen who is 21 years or older can petition to bring their mother to live in the United States as a Green Card holder.
The U.S. citizen must file Form I-130, Petition for Alien Relative.
Yes, Form I-130 can be filed together ("concurrently") with Form I-485.
If your mother is currently in the United States, she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130.
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