Gavin Howe
US citizens can apply for their Pakistani parents-in-law to join them in the United States by sponsoring them for a family-based Green Card. To be eligible, the US citizen must be at least 21 years old and file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, on behalf of their parents. The process can be lengthy and complicated, and specific requirements and restrictions apply. Alternatively, if the US citizen spouse is living in Pakistan with their Pakistani spouse, they may be eligible for Pakistani citizenship by residing in the country for at least five years and fulfilling other requirements.
| Characteristics | Values |
|---|---|
| Who can apply for a Green Card? | Immediate relatives of a US citizen, including the spouse of a US citizen, the unmarried child under 21 years of age of a US citizen, or the parent of a US citizen (if the US citizen is 21 years of age or older). |
| What is required to apply for a Green Card? | To petition for parents to live in the United States as Green Card holders, the applicant must be a US citizen and at least 21 years old. The applicant must also provide supporting documents for their visa application and proof of continuously maintaining a lawful status since arriving in the United States. |
| What is the fee for a Green Card application? | The application fee for Form I-485 (Application to Register Permanent Residence or Adjust Status) is $1,140 if the applicant is 14 years or older. If the applicant is between 14 and 78 years old, they must also pay a biometric services fee of $85. Children under 14 filing the form with at least one parent pay $750 and are not subject to the biometric services fee. |
| What is the process for obtaining Pakistani citizenship? | There are several ways to become a citizen of Pakistan, including being born in Pakistan, having Pakistani parents, or meeting specific requirements like residing in Pakistan for a minimum of five years. Foreign ladies married to Pakistani nationals, Commonwealth citizens, and minor children (under 21 years of age) of Pakistani citizens can also apply for Pakistani citizenship. |
| What are the requirements for Pakistani citizenship? | The requirements for Pakistani citizenship include an affidavit duly supported by documentary evidence of the applicant's aggregate stay in Pakistan, photocopies of relevant passport pages, residential permits/visas, marriage certificates, domicile certificates, and a list of close relations residing abroad. Additionally, 25 color photographs with a light blue background, size 4 x 4.5 cm, are required, with one attested on the front and one on the back by a notary public/magistrate. |
| Is there a fee for Pakistani citizenship? | Yes, there is a fee of Rs.200/- (Rs.800/- for Indian nationals). After confirmation of Foreign Exchange worth Rs. 05/- Million from the State Bank of Pakistan, an Immigrant Visa for Pakistan will be issued. |
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What You'll Learn
- US citizens can petition for their Pakistani parents to live with them as permanent residents
- US citizens must be 21 years or older to petition for their parents
- Pakistani citizens can obtain a US Green Card through family preference
- US citizens can file an immigrant visa petition for their spouse or unmarried child
- Pakistani citizens with US permanent resident status can file Form I-485 to adjust to permanent resident status
US citizens can petition for their Pakistani parents to live with them as permanent residents
US citizens can petition for their parents to live with them as permanent residents in the United States. This process involves several steps and requirements to be eligible. Firstly, the US citizen must be at least 21 years old to petition for their parents to obtain a Green Card, which confers permanent residency. If the US citizen child is below 21, they cannot initiate this process.
The first step in the process is to file Form I-130, known as the Petition for Alien Relative. This form establishes the existence of a qualifying family relationship. It is important to note that if there has been a legal name change for either the US citizen or their parent, proof of this change must be provided. This can include documents such as a marriage certificate, divorce decree, or court judgment of name change. Once this form is approved, the parent can proceed with the next steps.
If the parent is outside the United States, they will be notified to go to their local US consulate to complete the visa processing. On the other hand, if the parent is already in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130. This process is known as "adjustment of status," allowing the parent to apply for permanent residency without leaving the country. Form I-485 requires a fee of $1,140 for individuals aged 14 and older, while those between 14 and 78 years old must also pay a biometric services fee of $85.
It is important to note that if the parent has minor children abroad (siblings of the US citizen), they cannot be included in the same petition. However, once the parent becomes a permanent resident, they may file a new petition for any qualifying relative, including their minor children.
Family-based Green Cards are an important pathway for Pakistani citizens seeking to immigrate to the US and join their family members. The process can be long and complicated, but with proper guidance and support, it is possible for US citizens to reunite with their Pakistani parents and have them live as permanent residents in the country.
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US citizens must be 21 years or older to petition for their parents
The process of obtaining a Green Card for a parent can be complicated, and it is recommended that those navigating this process consult with an immigration attorney or a DOJ-accredited representative. This is particularly important as there are a number of factors that can impact a parent's eligibility, such as their manner of entry into the US and the length of their stay. For example, if a parent did not enter the US legally and overstayed their visa, they would need to leave the country to apply for a Green Card, which could trigger a 3- or 10-year bar on re-entry.
However, if a US citizen child is over 21 years old, they can begin the process for their parent to obtain a Permanent Residence card or Green Card. This is a two-step process. The first step is to submit a visa petition on behalf of the parent, which, if approved, allows the parent to wait for a visa to become available. Once a visa is available, the second step involves the parent applying for lawful permanent residence, either through consular processing outside the United States or through an adjustment of status inside the country.
It is important to note that a US citizen petitioning for their parent must be able to prove their relationship and provide evidence of their US citizenship, such as a birth certificate or passport. Additionally, while a criminal record does not disqualify a US citizen from petitioning for their parent, convictions for specific crimes against minors may result in petition denial unless the petitioner can prove that there is no risk of harm to the beneficiary.
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Pakistani citizens can obtain a US Green Card through family preference
US citizens can sponsor their Pakistani parents-in-law for a Green Card. The process for family-based immigration for Pakistani citizens involves several steps. US citizens can file an immigrant visa petition for their spouses, children, parents, or siblings.
To initiate the Family-Based Green Card application, the US citizen must submit a petition for their Pakistani relative by filing Form I-130, the Petition for Alien Relative. The form can be submitted to the United States Citizenship and Immigration Services (USCIS) electronically or on paper by post. When the petition is processed and approved, the Pakistani relative must complete Form DS-261 and submit it to the US Embassy in Pakistan. Form DS-261 is also known as the Online Choice of Address and Agent, allowing applicants to choose how they want the Department of State to communicate with them throughout the application process.
There are different fees included in the overall Family-Based Green Card application cost. The cost is based on the current fees: Filing the Sponsorship Form I-130 (Petition for Alien Relative) – $535; Filing the Form DS-261 (Immigration Visa Application) – $325; and the USCIS Immigrant Fee – $220 (paid after receiving the visa and before travelling to the US). Additionally, there may be further fees that vary depending on the individual case, such as the medical and vaccination fee, biometric fee, or translation for supporting documents.
It is important to note that family visas from the Family Preference category take longer to process as there are annual caps for each visa type.
The Immediate Relative Category is a type of Family-Based Visa issued to close relatives of US citizens. This includes the spouse of a US citizen, the unmarried child under 21 years of age, and the parent of a US citizen (if the US citizen is 21 years of age or older).
The Family Preference category includes the Third Preference (F2B) for unmarried children of lawful permanent residents (21 years of age or older) and the Fourth Preference (F4) for siblings of US citizens (where the US citizen is also 21 years of age or older). An accompanying relative is an immediate relative of the primary Green Card applicant. They may be eligible for a Green Card if the primary Green Card holder has a visa from the Family Preference category.
To be eligible for a Green Card as an immediate relative, an individual must generally be present in the US after being "inspected and admitted" or "inspected and paroled" by an immigration officer. However, there are some limited exceptions to this eligibility requirement.
In general, USCIS can only approve Green Card applications if none of the grounds of inadmissibility apply to the applicant. As the immediate relative of a US citizen, the ground of inadmissibility regarding labour certification and qualifications for certain immigrants (INA 212(a)(5)) does not apply. If an individual is inadmissible, they may apply for a waiver of inadmissibility or other relief, and if granted, USCIS may approve their application if they are otherwise eligible.
To prove eligibility, applicants will need to submit various documents, including a valid passport, the Affidavit of Support (Form I-864), criminal background records, and any applicable marriage termination documents, military service records, or court records. All supporting documents must be translated into English.
Family immigration from Pakistan to the US can be a long and complicated process, preventing many people from joining their family members in the US.
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US citizens can file an immigrant visa petition for their spouse or unmarried child
US citizens can file an immigrant visa petition for their spouse, unmarried child, son or daughter, parent, brother, or sister. This is done by filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). The process can be done electronically or through the traditional paper process via mail. If the US citizen is petitioning for their spouse, they must also submit Form I-130A, Supplemental Information for Spouse Beneficiary. If they share biological children, stepchildren, or adopted children, a separate Form I-130 must be submitted for each child.
If the parents of a US citizen are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Form I-765 and Form I-131 must be used for this. If the parents are outside the United States and the petition is approved, they will be notified to go to their local US consulate to complete the visa processing.
The process for obtaining a family-based Green Card for Pakistani citizens seeking to immigrate to the US can be long and complicated. The Green Card application fee is $1,140 for those 14 years old or older. If the applicant is between 14 and 78 years old, they must also pay a biometric services fee of $85. Children under 14 filing the form with at least one parent pay $750 and are not subject to the biometric services fee.
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Pakistani citizens with US permanent resident status can file Form I-485 to adjust to permanent resident status
Pakistani citizens with US permanent resident status can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to permanent residency. This form is for those who are already in the United States and seeking to change their immigration status. It is important to note that this form is not for those who are outside the United States and seeking to immigrate to the country.
The process of adjusting status as a permanent resident can be complex, and there are specific requirements and procedures that must be followed. One key requirement is that applicants must have continuously maintained a lawful status since arriving in the United States. This means that any periods of unauthorized employment or overstay on a visa can negatively impact the application.
To file Form I-485, applicants must submit all the required initial evidence and supporting documentation. This includes providing all the supporting documents that were supplied for the original visa application, such as proof of lawful status. Additionally, applicants between the ages of 14 and 78 must also pay a biometric services fee of $85. The filing fee for Form I-485 can be paid via various methods, including money order, personal check, cashier's check, or credit/debit card. It is important to note that the fees are non-refundable, regardless of the outcome of the application.
There are different categories of eligibility for Form I-485, and the application process may vary depending on the specific category. For example, spouses and unmarried children under 21 of US citizens or lawful permanent residents may be eligible to file this form. Additionally, applicants who have been granted lawful permanent residence through a family-sponsored visa category that allows derivative status for spouses and children may also be eligible.
It is recommended to consult the USCIS website or seek legal advice to determine the specific requirements and procedures for filing Form I-485 based on individual circumstances. The process of adjusting status can be intricate, and it is important to ensure that all the required documentation is submitted accurately to avoid delays or rejection of the application.
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Frequently asked questions
Yes, US citizens can apply for their Pakistani parents-in-law to live with them in the US. The US citizen must be at least 21 years old and file a Form I-130 petition, also known as a Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). Once approved, the parents-in-law can apply for an IR Visa at a US embassy or consulate in Pakistan.
The specific visa required for Pakistani parents-in-law of a US citizen to live permanently in the US is an IR-5 visa.
Pakistani citizens applying for a US family visa must provide proof of their relationship to a US citizen or lawful permanent resident. They must also meet other criteria, such as age and quality of character. An immigration lawyer can provide specific advice on the criteria and application process.
Yes, US citizens can sponsor their Pakistani parents-in-law for a US visa. The US citizen must be at least 21 years old and file a Form I-130 petition. They will be notified if the petition is approved or denied. If approved, the parents-in-law can then apply for an IR Visa at a US embassy or consulate in Pakistan.
