Cecily Zamora
If you are a US citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card (also known as a Green Card). To do so, you must be at least 21 years old and submit a United States Citizenship and Immigration Services (USCIS) Form I-130. However, it is important to note that US citizen grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration. Therefore, you cannot sponsor your mother-in-law for a Green Card. Immediate Relative visas are based on a close family relationship with a US citizen, such as a spouse, child, or parent. Family Preference visas are for more distant family relationships with a US citizen or specified relationships with a Lawful Permanent Resident. If your mother-in-law is outside the United States, she will need to obtain an immigrant visa to enter the country and will receive a passport stamp upon arrival.
| Characteristics | Values |
|---|---|
| Who can sponsor a family member for immigration? | A U.S. citizen or permanent resident |
| What is required to sponsor a family member? | Submission of a USCIS Form I-130 for each person sponsored |
| Who can be sponsored for immigration? | Immediate relatives (spouse, child, or parent) and family preference (more distant family relationships with a U.S. citizen or specified relationships with a lawful permanent resident) |
| Who cannot be sponsored for immigration? | US citizen grandparents, aunts, uncles, in-laws, and cousins |
| What is required for a foreign citizen to live permanently in the U.S.? | An immigrant visa (IV) sponsored by an immediate relative who is at least 21 years old and is either a U.S. citizen or lawful permanent resident |
| What if the visa petition is denied? | The denial letter will state how to appeal, and after the appeal form and fee are processed, it will be referred to the Board of Immigration Appeals |
| Do parents need to apply for employment authorization? | Parents admitted as immigrants with their immigrant visa do not need to apply for work authorization, but those applying for permanent resident status can apply for employment authorization using Form I-765 |
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What You'll Learn
Sponsoring your mother-in-law for immigration
Understanding Eligibility
To sponsor your mother-in-law for immigration, you must be a US citizen or a permanent resident (Green Card holder). US citizens can sponsor their parents for a Green Card, but it is important to note that this does not extend to parents-in-law. On the other hand, permanent residents can sponsor their spouses or unmarried children but not their parents or parents-in-law. Therefore, if you are a US citizen, you may be able to sponsor your mother-in-law, but if you are a permanent resident, you will not be eligible to sponsor her directly.
Visa Options for US Citizens
If you are a US citizen, you have the option to sponsor your mother-in-law for a family-based immigrant visa. This type of visa is specifically designed for close relatives of US citizens and includes spouses, unmarried children under 21, and parents. There is no limit on the number of visas available in this category, ensuring that your mother-in-law can obtain permanent resident status.
Submission of Form I-130
The first step in the visa process is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. This form needs to be completed for each individual you are sponsoring. You can submit Form I-130 online or by mail, depending on your preference. It is important to remember that both you and your mother-in-law, as the visa applicant, will need to complete the necessary steps in the immigration process.
Consular Processing for Overseas Family Members
If your mother-in-law is currently residing outside the United States, she will go through consular processing. This process involves coordinating with the US embassy or consulate in her country of residence. After submitting Form I-130, your mother-in-law will need to complete additional steps, including providing necessary documentation, undergoing interviews, and fulfilling any specific requirements outlined by the embassy or consulate.
Adjustment of Status for Family Members in the US
In the scenario that your mother-in-law is already in the United States, she will need to adjust her status by filing Form I-485. This allows her to apply for employment and travel authorization while her case is being reviewed. Additionally, she should submit Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) to obtain the necessary approvals for work and travel during this period.
Handling Denials and Appeals
In the event that your visa petition is denied, you will receive a denial letter outlining the steps to initiate an appeal. This typically involves submitting an appeal form and paying the required fee. Your appeal will then be referred to the Board of Immigration Appeals for further consideration. Understanding the appeals process is crucial to navigate any potential setbacks in your mother-in-law's immigration journey.
Remember, it is always advisable to consult official government sources, such as the USCIS website, or seek guidance from an immigration lawyer to ensure you have the most up-to-date and accurate information regarding sponsoring your mother-in-law for immigration to the United States.
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Eligibility requirements for a Green Card
To determine if your mother-in-law is eligible for a Green Card, it is important to understand the eligibility requirements. A Green Card, officially known as a Permanent Resident Card, allows an individual to live and work permanently in the United States. The eligibility criteria for a Green Card vary depending on an individual's circumstances. Here are the key eligibility requirements:
Family-Based Immigration
If your mother-in-law has immediate relatives who are US citizens, they can petition for her to obtain a Green Card. Immediate relatives are defined as spouses, parents (if the sponsoring relative is over 21), and unmarried children under 21 years old of US citizens. If your mother-in-law falls into this category, she may be eligible for a Green Card through family-based immigration.
Employment-Based Immigration
An employer can sponsor a foreign candidate for a Green Card if they meet certain requirements. Additionally, a certain number of Green Cards (currently 50,000) are allocated through the Diversity Visa Lottery for individuals from countries with low immigration rates to the US. This lottery is open to individuals who meet specific educational and other requirements.
Refugee or Asylee Status
If your mother-in-law has been granted refugee or asylee status in the United States, she may be eligible for a Green Card after one year of physical presence in the country. Refugees are required by law to apply for a Green Card within one year of obtaining their status. Asylees, on the other hand, can wait longer to apply, but there is a risk of losing their asylee status if conditions in their home country improve.
Other Considerations
It is important to note that certain bars may block eligibility for a Green Card, including a criminal background, persecution of others, or firm resettlement in a third country. Additionally, individuals who are already in the United States and have applied for permanent resident status (Form I-485) may be eligible to apply for employment and travel authorization while their case is pending. Seeking guidance from an immigration lawyer can help navigate the complex application process and ensure all requirements are met.
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Immediate Relative Immigrant Visas
The normal processing time for an immediate relative visa is several months, though this can vary depending on the case. A case can be considered for expedited processing if there is an urgent condition that justifies it. All applicants, regardless of age, must appear in person for an immigrant visa interview. During the interview, a consular officer will determine eligibility for a visa to the United States. They will decide whether the evidence, together with the personal interview, is sufficiently convincing, unconvincing, or requires more material.
If your mother-in-law is outside the United States, she will receive a passport stamp upon arrival in the country. The Department of Homeland Security will process her visa and will stamp her passport with a temporary residency permit while her I-551 ("green card") is processed. They will also charge a USCIS immigrant fee of $165 for each applicant. If your mother-in-law is already in the United States, she may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. She will also need to file Form I-131, Application for Travel Document, to apply for travel authorization.
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Family Preference Immigrant Visas
To sponsor your mother-in-law to emigrate to the US, you must be a US citizen and at least 21 years old. As a sponsor, you need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.
If your mother-in-law is outside the US, you will need to learn the steps for Consular Processing. Submitting Form I-130 is the first step of the immigration visa process. After your petition is approved, the National Visa Center (NVC) will assist you in preparing your visa application for the interview for certain visa categories.
If your mother-in-law is in the US 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 a Travel Document, to apply for travel authorization.
If your mother-in-law is in the United States, she must meet the following requirements to be eligible for a Green Card as a family preference immigrant:
- 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 you file your Form I-485.
- Have an immigrant visa immediately available to you at the time you file your Form I-485 and at the time a final decision is made on your application.
- Ensure that the relationship to the family member who filed Form I-130, Petition for Alien Relative, still exists.
- Ensure that none of the applicable bars to adjustment of status apply to you.
- Be admissible to the United States for lawful permanent residence or eligible.
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Becoming a full US citizen
To bring your mother-in-law to live in the United States as a permanent resident, you must be a US citizen and at least 21 years old. Your mother-in-law will not need to apply for a work permit once admitted as an immigrant with her immigrant visa. If she is already in the US, she can apply for employment and travel authorization while her case is pending.
There are two ways to become a US citizen: by birth or through naturalization. If your mother-in-law was born in the US or certain territories or outlying possessions of the US, she is a citizen by birth. If she was born outside the US, she must meet the requirements outlined by the US Department of State. If her child (your spouse) became a US citizen before she reached the age of 18, she may already be a US citizen and not need to apply for naturalization.
Naturalization is a complex process by which citizenship is granted to a foreign citizen after they fulfill the requirements established by Congress in the Immigration and Nationality Act (INA). The most common paths to naturalization are as a lawful permanent resident, through marriage or military service. The entire application process can take over a year, depending on your location, and there are no refunds if your application is denied.
To become a naturalized citizen, your mother-in-law will need to apply with US Citizenship and Immigration Services (USCIS). She will need to fill out an N-400 application and undergo an interview to assess her English proficiency and confirm her information. She will also need to take a US civics test, as well as reading and writing tests. If her application is approved, she will attend a naturalization ceremony where she will swear loyalty to the US government and receive a Certificate of Naturalization.
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Frequently asked questions
Your mother-in-law may be eligible to emigrate to the US if she obtains an immigrant visa. To be eligible for this visa, she must be sponsored by an immediate relative who is either a US citizen or a US Lawful Permanent Resident (LPR). US citizens and LPRs can only sponsor certain family members, and this does not include in-laws.
Unfortunately, as a US citizen, you cannot sponsor your mother-in-law for a visa. However, if your spouse is a US citizen, they may be able to sponsor their parent by submitting a United States Citizenship and Immigration Services (USCIS) Form I-130.
Your mother-in-law would need an Immediate Relative visa. This visa is based on a close family relationship with a US citizen, such as a parent, spouse, or child.
If your mother-in-law's visa petition is denied, the denial letter will outline how to appeal and the timeframe within which to do so. After submitting the appeal form and fee, the appeal will be referred to the Board of Immigration Appeals.
