Cameron Miranda
If you are a US citizen, you can apply for a green card for your mother. The first step in the process is filing a Petition for Alien Relative on Form I-130, along with evidence of your eligibility, including proof of your relationship with your mother. If your mother is outside the US, you will need to file Form DS-260 with the National Visa Center, which will then transfer the case to the US Embassy or Consulate closest to your mother's residence. Green Card holders, or permanent residents, cannot petition to bring parents to live permanently in the US.
| Characteristics | Values |
|---|---|
| Can a US citizen invite their mother-in-law on a green card? | Yes, if they are over 21 years old. |
| Can a green card holder invite their mother-in-law on a green card? | No, only US citizens can. |
| What is the process for inviting a mother-in-law on a green card? | File a Petition for Alien Relative on Form I-130, along with evidence of eligibility, including US citizenship and age. |
| What happens after the petition is approved? | If the mother-in-law is outside the US, file Form DS-260 with the National Visa Center. The case will then be transferred to the closest US Embassy or Consulate for visa processing. |
| Do mothers-in-law need a work permit? | No, they can work in the US with their immigrant visa. |
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What You'll Learn
Sponsoring a mother-in-law for a green card
Once the petition is approved, your mother-in-law will be notified to complete the visa processing at the local US consulate if she resides outside the United States. If your mother-in-law is already in the US, she may be eligible to file Form I-485, the Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130. This allows her to apply for permanent residence without leaving the country, which is known as "adjustment of status".
It is important to note that there are certain requirements and procedures to be aware of during the process. For example, if there have been any name changes, legal proof, such as a marriage certificate or court judgment of name change, must be provided. Additionally, your mother-in-law's minor children cannot be sponsored on the same petition. Furthermore, there may be specific grounds of inadmissibility that need to be addressed, and in some cases, a waiver of inadmissibility or other forms of relief may be applicable.
The process of sponsoring a mother-in-law for a green card can be complex, and it is always advisable to refer to the official USCIS website or consult an immigration specialist for the most up-to-date and comprehensive information.
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Green card application process
The process for applying for a Green Card for your mother-in-law will depend on your specific situation. Generally, you must be a US citizen and at least 21 years old to petition for your mother to live in the United States as a Green Card holder. Green Card holders themselves cannot petition to bring their parents to live in the US permanently.
If you are a US citizen, you can file a Form I-130, Petition for Alien Relative, for your mother-in-law. If this is approved and your mother-in-law is outside the US, she will be notified to go to the local US consulate to complete the visa process. If your mother-in-law is in the US, she may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130.
The general application process for a Green Card is as follows:
- Petition Filing: Either someone files an immigrant petition for you (the applicant), or in some cases, you can file for yourself.
- Application Submission: After the petition is approved and a visa is available in your category, you file a Green Card application with USCIS or a visa application with the US Department of State.
- Biometrics Appointment: Provide your fingerprints, photos, and signature.
- Interview: Attend an interview with immigration officials.
- Decision: Receive a decision on your application.
The processing time for a Green Card application can vary from a few months to several years, depending on the type of Green Card and the applicant's circumstances and visa category. The cost of obtaining a Green Card also depends on the type of Green Card being applied for. For instance, the government filing fee for a family-based Green Card is $3005 for an applicant applying from within the United States and $1340 for an applicant living outside the country.
It is important to note that the steps outlined above may vary based on individual circumstances, and there are different eligibility requirements for the various types of Green Cards.
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Grounds for inadmissibility
A US citizen can invite their mother-in-law to live in the United States as a Green Card holder. To do this, the citizen must be over 21 years old and file a Form I-130 petition. If the citizen's mother-in-law is outside the US, they will be notified to go to their local US consulate to complete the visa process. If the mother-in-law is 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 their relative files Form I-130.
However, there are several grounds for inadmissibility that could prevent a foreign national from gaining permission to enter or remain in the US as a Green Card holder. These include:
- Health and safety: The US government is responsible for ensuring that new immigrants do not introduce communicable diseases, physical or mental disorders with harmful behaviour, or drug abuse problems. Diseases that will cause inadmissibility include chancroid, gonorrhoea, granuloma inguinale, infectious leprosy, lymphogranuloma venereum, infectious syphilis, and active tuberculosis. All Green Card applicants must prove that they have been vaccinated against certain vaccine-preventable diseases.
- Criminal activity: Any person who has been involved in trafficking controlled substances (drugs), engaged in prostitution, procured prostitutes, or received proceeds from prostitution in the past ten years is inadmissible. This also applies to those who have committed or conspired to commit human trafficking offences, as well as those who have engaged in money laundering.
- National security: Foreign nationals may be deemed inadmissible if they are involved with certain activities or organisations that are deemed illegal or against American democratic principles. This includes those seeking to engage in prejudicial and unlawful activities, such as espionage, sabotage, unlawful activity, or the violation or evasion of laws prohibiting the export of goods, technology, or sensitive information. It also covers those engaging in terrorist activities, those whose admission would bring about serious foreign policy consequences, and members of the Communist or any totalitarian party.
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Appealing a denied application
If you are a US citizen and at least 21 years old, 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 Form I-130 petition is approved, and 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 a Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with your Form I-130.
If your application is denied, you may be able to appeal the decision. The denial letter will include information about your appeal rights and how to appeal, as well as how much time you have to file the appeal. Most appeals are filed using Form I-290B, Notice of Appeal or Motion, along with the appropriate fee. This must be filed within 30 days of receiving the denial notice, and late submissions are typically rejected. During this "initial field review," the reviewing office will either treat the timely appeal as a motion to reopen or a motion to reconsider and approve the application or petition, or forward the appeal to the AAO to issue a new decision. If your appeal is upheld, you may be able to reapply with the help of an experienced immigration attorney.
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Employment authorization
If you are a US citizen, you can invite your mother-in-law to live in the United States as a Green Card holder. To do this, you must be at least 21 years old. If you are a Green Card holder (permanent resident) yourself, you cannot invite your mother-in-law to live in the US as a permanent resident. However, you can apply for naturalization to become a US citizen, and after that, you can invite your mother-in-law.
Once you have petitioned for your mother-in-law to become a permanent resident, 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, Petition for Alien Relative. If your mother-in-law is outside the United States, she will be notified to go to the local US consulate to complete the visa processing. She will receive a passport stamp upon arrival in the United States, which will prove that she is allowed to work until she receives her Green Card. If your mother-in-law is in the United States, she can apply for employment authorization while her case is pending, using Form I-765, Application for Employment Authorization.
As a sponsor, you will be obligated to financially support your mother-in-law until she becomes a US citizen or has worked for 40 qualifying quarters (approximately 10 years of full-time employment). To qualify as a sponsor, you must meet certain minimum income requirements. If your income is not high enough, you can use a joint sponsor to help you. This joint sponsor does not need to be a relative, but they must meet the minimum income requirements and be a US citizen or permanent resident.
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Frequently asked questions
Yes, as a US citizen, you can invite your mother-in-law for a visit by sponsoring her for a Permanent Resident Card (Green Card).
No, only US citizens can invite their mothers for a visit. However, your spouse can apply for naturalization to become a US citizen and then invite their mother.
To be eligible, you must be a US citizen and at least 21 years old. You must also provide evidence of your relationship with your mother-in-law and proof of your US citizenship.
You need to first file a Petition for Alien Relative on Form I-130, along with evidence of your eligibility. After the petition is approved, if your mother-in-law is outside the US, you need to file Form DS-260 with the National Visa Center.
No, your mother-in-law does not need to apply for a work permit. Once admitted as an immigrant with her visa, she will be allowed to work in the US until she receives her Green Card.
