Keith Mack
If you are a US citizen, you may be able to sponsor a family member for a Permanent Resident Card, also known as a Green Card. To be eligible, you must be at least 21 years old and be a US citizen or Lawful Permanent Resident. To sponsor your family member, you need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. If your family member is outside the US, they will need to learn the steps for Consular Processing. If your family member is in the US, they will need to learn about Adjustment of Status.
Can a US Citizen File for Father and Mother-in-Law?
| Characteristics | Values |
|---|---|
| Can a US citizen file for their parents? | Yes, if the US citizen is at least 21 years old and their parent is a Green Card holder. |
| Can a US citizen file for their in-laws? | No, a US citizen's in-laws are not considered "parents" for immigration purposes. |
| What documents are required for a family-based immigration petition? | Certificate of naturalization, birth certificate, marriage license, adoption papers, and/or divorce decree. The sponsor may also need to provide employment verification and W-2 forms for recent years. The beneficiary will need to provide a passport, visa, I-94, photos, and a medical examination report. |
| What is the process for a family-based immigration petition? | The sponsor files a petition on behalf of the beneficiary. If the petition is approved, the beneficiary will be notified and will need to complete visa processing at their local US consulate. |
| Can a US citizen file for their child? | Yes, if the child is unmarried and under the age of 21. An adopted child or stepchild may also qualify under certain conditions. |
| Can a child born outside the US to a US citizen parent become a US citizen? | Yes, if at least one parent is a US citizen and has lived in the US for a certain period of time. |
| Can a child residing outside the US become a US citizen? | Yes, if the child has at least one US citizen parent or grandparent who meets certain physical presence requirements in the US. The child must also be lawfully admitted, physically present, and maintaining lawful status in the US. |
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What You'll Learn
Sponsoring a family member for a Permanent Resident Card (Green Card)
If you are a US citizen or a permanent resident (green card holder), you may be able to sponsor a family member for a Permanent Resident Card (Green Card). However, there are limits on who you can sponsor. For instance, US citizens and permanent residents cannot sponsor their grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members. Additionally, lawful permanent residents cannot sponsor their parents, married children, or siblings.
If you are a US citizen, you can petition for your parents to live in the United States as Green Card holders, but you must be at least 21 years old. If your parent is outside the United States, they will be notified to go to the local US consulate to complete the visa process once your Form I-130 petition is approved. If your parent is in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with your Form I-130. Your parents do not need to apply for employment authorization once they are admitted as immigrants with their immigrant visas. They will receive a passport stamp upon arrival in the US, which will allow them to work until they receive their Green Cards. If your parents are in the US and have applied for permanent resident status, they can apply for employment and travel authorization while their case is pending.
If your relative is already in the US legally, they may apply to adjust their status to become a permanent resident after a visa number becomes available using Form I-485. If your relative is outside the US, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate US consulate once a visa becomes available. This process is referred to as Consular Processing. Your family member's preference category will determine how long they will have to wait for an immigrant visa number.
As a Green Card holder, you may petition for certain family members to immigrate to the US as permanent residents. To do so, you must file Form I-130, Petition for Alien Relative, and provide proof of your status and the qualifying relationship, such as a birth certificate, marriage certificate, or divorce decree. If you are sponsoring multiple family members, they can all be named on the same Form I-130 to simplify the process. However, US petitioners must prove they have the financial capacity to support their sponsored family members by completing Form I-864, the Affidavit of Support.
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Eligibility requirements for a Green Card
A Green Card, or Permanent Resident Card, allows the holder to live and work permanently in the United States. The eligibility requirements for a Green Card vary depending on the applicant's individual situation. Here are some of the key eligibility requirements for a Green Card:
Family Relationship
If you are an immediate relative of a U.S. citizen, you may be eligible for a Green Card. Immediate relatives include the spouse of a U.S. citizen, the unmarried child under 21 years of age of a U.S. citizen, and the parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). Immediate relatives must file their own applications and cannot qualify as derivative beneficiaries based on the U.S. citizen's application.
Asylum or Refugee Status
Individuals who have been granted asylum or refugee status in the United States may be eligible for a Green Card after one year of maintaining such status. Refugees are required by law to apply for a Green Card within one year of obtaining their status and being physically present in the U.S. Asylees, on the other hand, can wait longer to apply, but it is safer to apply earlier, as their status can be revoked if conditions in their home country improve.
Diversity Visa Lottery
Each year, the U.S. State Department holds a "diversity visa lottery" for individuals from countries with low immigration rates to the U.S. Those randomly selected in the lottery can apply for a Green Card if they meet certain educational and other requirements. However, being selected in the lottery does not guarantee a Green Card, and there are time limits for obtaining approval.
Employment
An employer can sponsor a foreign candidate for a Green Card if they meet certain requirements. Additionally, individuals with pending Form I-485 applications may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
It is important to note that certain bars to eligibility exist, such as a criminal background, persecution of others, or firm resettlement in a third country. Additionally, applicants must meet the general requirement of being admissible to the United States for lawful permanent residence.
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Filing Form I-130
To file Form I-130, Petition for Alien Relative, you must be either a U.S. citizen or a lawful permanent resident. This form is used to establish a qualifying relationship between you and your relative, which would allow them to immigrate to the United States. If you are filing for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary, and a separate Form I-130 for each child if you have biological or stepchildren together.
You must file a separate Form I-130 for each eligible relative unless they can be considered a derivative beneficiary. The form must be completed and printed, with the form edition date and page numbers visible, and mailed to the correct address. The filing location depends on where you live and whether you are filing Form I-485 concurrently. If you reside in the United States, you can file at the Chicago, Dallas, Elgin, or Phoenix Lockbox, depending on your address. If you live outside the United States, you can file at the USCIS Elgin Lockbox.
If your Form I-130 petition is approved, your relative may apply for a Green Card. If your relative is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If your relative qualifies as an immediate relative, a visa is always available. If your relative is outside the United States, they will be notified to go to the local U.S. consulate to complete visa processing.
It is important to note that if you are applying for a fee waiver, you cannot file your Form I-130 online. Additionally, ensure that all pages of the form are from the same form edition, as submitting pages from different editions may result in rejection.
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Adjustment of status
A U.S. citizen can file for their father and mother-in-law to live in the United States as permanent residents. To do this, the citizen must be at least 21 years old and file a petition using Form I-130, Petition for Alien Relative. If the citizen's parents are in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as their child files Form I-130. If the citizen's parents are outside the United States, they will be notified to go to the local U.S. consulate to complete visa processing after Form I-130 is approved.
The process of adjusting one's immigration status from non-immigrant (temporary) to immigrant (lawful permanent resident status) is known as "Adjustment of Status". This process allows individuals to obtain a green card, which grants them permanent residence in the United States, without having to return to their native country to apply. To achieve this transition, individuals must meet the stipulated requirements to obtain a green card, as outlined in the Immigration and Nationality Act.
To be eligible for a family-sponsored green card, one must fall within one of the approved categories, depending on whether their sponsor is a citizen or lawful permanent resident. Immediate family members of citizens and green card holders, such as spouses, parents, and children under 21 years old, are generally eligible for this procedure. Foreign nationals engaged to marry U.S. citizens who entered the country on a K-1 or K-3 visa can also adjust their status after marriage.
To adjust their status, individuals must first submit Form I-485, Application to Register Permanent Residence, after their Form I-130 has been approved and a visa is available. They must also provide supporting documentation, such as proof of identity, lawful entry (I-94), relationship evidence, financial support (Form I-864), and medical examination results. USCIS will then schedule a biometrics appointment to collect fingerprints, photos, and signatures. Applicants may also be required to attend an interview, where they will answer questions about their application and provide additional evidence if necessary.
It is important to note that errors in the application could impact the outcome, so seeking professional help from an experienced immigration attorney is advisable. They can help navigate the paperwork, determine eligibility, and guide applicants through the process to ensure a successful application.
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Consular processing
The process for consular processing differs depending on whether the parent for whom the US citizen is petitioning is inside or outside the United States. If the parent is outside the United States, they will need to complete consular processing in their home country. Once Form I-130 is approved, the parent will complete Form DS-260, Immigrant Visa and Alien Registration Application, and attend an interview at a US embassy or consulate. If the parent's application is approved, the consular officer will give them a "Visa Packet", which they must not open. The parent will then need to pay a USCIS Immigrant Fee and, upon arrival in the United States, present the packet to a US Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect the parent and determine whether to admit them into the United States as a lawful permanent resident. If the parent is admitted, they will have lawful permanent resident status and be able to live and work in the United States permanently. They will receive their Green Card in the mail after they arrive in the United States.
If the parent is in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as their child files Form I-130. Generally, to be eligible to adjust status, the parent must be present in the United States after being "inspected and admitted" or "inspected and paroled" by an immigration officer. If the parent entered on a visa or was inspected and admitted by an immigration official, they will usually meet the first requirement for adjustment of status. If the parent did not enter with some form of permission, they will generally not be able to adjust their status.
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Frequently asked questions
No, a US citizen cannot file for their mother-in-law or father-in-law as they are not considered "parents" under immigration law.
A US citizen can file for their spouse, child, parent, brother, or sister.
The US citizen must be over the age of 21 and file Form I-130, Petition for Alien Relative. If the parent is outside the US, they will be notified to go to the local US consulate to complete their visa processing. If the parent is in the US, they may be able to file Form I-485, Application to Register Permanent Residence, at the same time.
