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. This process is known as a family-based immigrant visa. To petition for your parents to live in the United States as Green Card holders, you must be a US citizen and at least 21 years old. Sponsoring your parents for a Green Card can be a lengthy and challenging process, but it gives them the right to live and work in the USA as permanent residents.
| Characteristics | Values |
|---|---|
| Who can sponsor in-law parents? | Only US citizens can sponsor in-law parents. Green card holders are not permitted to appeal to their in-law parents by law. |
| Requirements for sponsorship | The sponsor must be 21 years or older and must provide legal proof of their relationship with the in-law parent(s). They must also demonstrate financial capability by fulfilling income criteria set by the federal poverty levels. |
| Forms to be filled | Form I-130, Petition for Alien Relative. Form I-864, Affidavit of Support. |
| Documents to be submitted | Birth certificate, marriage certificate, divorce decree, court judgment of name change, etc. |
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What You'll Learn
US citizens can sponsor their parents for a green card
To initiate the process, the US citizen child must file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). If the US citizen child is sponsoring their parent's Green Card from within the United States, their parent may be eligible to file Form I-485 simultaneously with Form I-130. The process typically takes 12 to 18 months on average, but it can vary depending on case complexity and processing backlogs. To speed up the process, ensure that all required documents are accurately submitted to avoid delays.
It is important to note that Green Card holders (permanent residents) may not petition to bring their parents to live permanently in the United States. Only US citizens can sponsor their parents for Green Cards. Additionally, if the US citizen child is under 21, they cannot sponsor their parents for a Green Card. The child must be at least 21 years old to be eligible to file Form I-130.
Once the petition is approved, if the parent is outside the United States, they will be notified to go to their local US consulate to complete the visa processing. Upon arrival in the United States, they will receive a passport stamp, which will serve as proof of their eligibility to work until they receive their Green Card.
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Green card holders cannot sponsor their parents
While Green Card holders can sponsor certain family members to live in the United States, they cannot sponsor their parents. Only U.S. citizens can sponsor their parents to live in the United States as Green Card holders. To do so, the citizen must be at least 21 years old.
The process of sponsoring a parent to live in the United States as a Green Card holder involves several steps and requirements. Firstly, the citizen must submit a petition to the United States Citizenship and Immigration Services (USCIS) and wait for approval. This typically requires completing Form I-130, which establishes the relationship between the citizen and their parent. If the citizen's name or their parent's name has changed, they must provide proof of the legal name change, such as a marriage certificate, divorce decree, or court judgment of name change.
Once the petition is approved, the parent can begin the process of applying for their Green Card. They may need to attend a Green Card interview at the U.S. consulate in their home country, where an official will verify the claims made in their application. It is important to note that the process of sponsoring a parent can be more complicated when sponsoring a father, as additional documentation may be required, such as a marriage certificate or evidence of emotional or financial attachment before the child turned 21 or got married.
It is worth mentioning that while Green Card holders cannot sponsor their parents, they can sponsor other close family members, such as their spouse or unmarried children under the age of 21. This process is similar to sponsoring a parent and requires the submission of Form I-130 to establish the relationship with the family member being sponsored.
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The process for sponsoring in-law parents for a green card
To sponsor in-law parents for a Green Card, you must be a US citizen or a permanent resident and at least 21 years old. Green Card holders cannot sponsor in-law parents for a Green Card.
The first step in the process is 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 in-law parents are outside the United States, they will need to complete visa processing at their local US consulate and receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work in the United States until they receive their Green Cards.
If your in-law 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 you file Form I-130. They should also use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.
If your in-law parents have minor children abroad, those children cannot be sponsored on the same petition. After your in-law parent becomes a permanent resident, they may file a new petition for any qualifying relative.
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Documents required to sponsor in-law parents
To sponsor in-law parents for a green card, you must be a US citizen and at least 21 years old. Green card holders cannot petition to bring parents to live permanently in the US. The first step in the process is to submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor requires a separate Form I-130. You can submit the form online or by mail.
If your in-law parents are outside the US, they will need to complete visa processing at their local US consulate. If your in-law parents are already in the US, they 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. They will also need to apply for employment and travel authorization using Form I-765 and Form I-131, respectively.
If your name or your in-law parent's name has changed, you must include proof of the legal name change. This may include a marriage certificate, divorce decree, adoption decree, or court judgment of name change.
Note that if your in-law parents have minor children abroad, those children cannot be sponsored on the same petition.
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Financial requirements for sponsoring in-law parents
To sponsor your in-law parents for a Green Card, you must be a US citizen and at least 21 years old. Permanent residents are not eligible to sponsor their parents for a Green Card. To begin the process, you must submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor requires a separate Form I-130, which can be submitted online or by mail.
As a sponsor, you must meet the financial requirements to support your in-law parents once they become permanent residents. This includes demonstrating that you have sufficient income to support your entire family, which is referred to as your "family size." Your family size includes your spouse or common-law partner, any dependent children, and any other individuals you have sponsored or co-signed for in the past who you are still financially responsible for.
To prove your financial capability, you must provide three years of notices of assessment from the Canada Revenue Agency (CRA) for the three tax years preceding your application. For example, if you are applying in 2024, you must submit notices of assessment for the tax years 2023, 2022, and 2021. The income requirement for the 2021 tax year was reduced to the minimum necessary income due to the financial impact of the COVID-19 pandemic. However, for the 2023 and 2022 tax years, the requirement is the minimum necessary income plus 30%.
It is important to note that the financial evaluation is a crucial aspect of the sponsorship process, and you must demonstrate that you meet the income requirements to successfully sponsor your in-law parents for a Green Card.
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Frequently asked questions
No, US citizens or lawful permanent residents cannot directly sponsor their parents-in-law.
No, Green Card holders are not permitted to sponsor their parents. Only US citizens can sponsor their parents, and they must be at least 21 years old.
You will need to submit Form I-130, Petition for Alien Relative, along with copies of documents proving your relationship with your parents, such as a birth or marriage certificate, and proof of your status as a US citizen. You will also need to provide a Form I-864 Affidavit of Support and documentation proving assets or income that satisfy 125% of the poverty guideline.
Yes, there is no limit to how many immigrants you can file petitions for. However, each immediate relative needs their own visa petition. Additionally, as a sponsor, you must prove that you have the financial capacity to support your sponsored family members.
