or https:// means youve safely connected to the .gov website. You can also apply for a green card if you're married to a green card holder, provided you're eligible. Before October 2009, USCIS observed "the Widow's Penalty law.". Understanding the Requirements for a Spousal Visa If you're married to a U.S. citizen or green card holder, you could be eligible for permanent U.S. residence. An official website of the U.S. Department of Homeland Security, An official website of the United States government, How to Bring your Spouse to the United States, Conditional Residence and Removing Conditions. (Adult means 21 or older), Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents, Second Preference (2B): Unmarried adult sons and daughters of permanent residents, Third Preference: Married sons and daughters (any age) of U.S. citizens, Fourth Preference: Brothers and sisters of adult U.S. citizens. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Step 1: You, the US citizen or green card holder, files an immigrant petition to sponsor your son. First preference: Unmarried, adult sons and daughters of U.S. citizens. File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Due to the large quantity of F1 category green card petitions filed every year, the typical wait time for a F1 green card is approximately 8 years. Until then, you can also use the prior editions specified on each form webpage. This form proves that you are married and your partner is a lawful permanent resident or green card holder. Lock Reg. Your child may wait abroad for immigrant visa processing. If you are a US citizen, you can sponsor a green card for your son over 21 years of age. Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. The age and marital status of your children are important factors in the immigration process. If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. [], As an experienced immigration law firm we have created a comprehensive guide for how to apply for a green card [], Ideally, having to sue USCIS for delay in your naturalization application is a last resort. TABLE OF CONTENTS Why you claim them Your spouse and/or children may be eligible for following-to-join benefits if: If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following: If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Filling Out Form I-130 for Adult Son or Daughter (Over 21) of U.S. U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. You will do this by submitting Form I-130, Petition for Alien Relative with USCIS. Step 5: Once the application is approved, your son will be mailed his green card to the US address listed on his application. If you are a U.S. green card holder, you may be able to petition for your foreign-born children who are age 21 or older (referred to as "sons or daughters"). In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. None of the applicable bars to adjustment apply to you; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and, A pending Form I-130 (that is ultimately approved); or. petition is filed to bring your step-parent to live in the United States. The F2A visa category has some of the shortest backlogs from all the preference categories. Can I Sue USCIS for Delay in my Naturalization Case? Can my child come to the United States to live while the visa petition is pending? For information and additional resources, see the Citizenship for Family Members page. As the son or daughter who wants to petition a parent, you must be a U.S. citizen and at least 21 years old. Generally, to be eligible to adjust status, you must be present in the United States after being inspected and admitted or inspected and paroled by an immigration officer. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. How to Apply for a Green Card for my Daughter? Only unmarried sons are eligible for a green card sponsored by a green card holding parent. There are some limited exceptions to this eligibility requirement. When they're non-citizens, though, things may be a little more complicated. If you would like to obtain advice regarding your green card for son case, please contact our family-based immigration lawyers who can review your case and provide an immigration strategy tailored to you and your familys circumstances. ( I-864, Affidavit of Support Under Section 213A of the Act, I-485, Application to Register Permanent Residence or Adjust Status, I-751, Petition to Remove Conditions onResidence, I-824, Application for Action on an Approved Application or Petition, Geneticmother or a non-genetic legal gestational mother, Adoptive parent (adoptive mother or adoptive father), U.S. citizen petitioning for your child (unmarried and under 21), U.S. citizen petitioning for your son or daughter (married and/or 21 or over), Permanent resident (Green Card holder) petitioning for your child, son, or daughter. If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant. If you fail to file during this time, your spouses resident status will be terminated and he or she may be subject to removal from the United States. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. You will also be able to sponsor your parent once you're a citizen. You are eligible to receive an immigrant visaif you are the beneficiary of: You merit the favorable exercise ofUSCIS discretion. For more information, see our Employment Authorization and Travel Documents webpages. A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence. A .gov website belongs to an official government organization in the United States. These cases are placed in the F1 family-based first preference visa category. How Do I Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a U.S. Citizen or U.S. See the Bringing Siblings to Live in the United States as Permanent Residents page for more information. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909. A green card holder can file for an unmarried son or daughter over 21 but that child must not marry until the green card holder becomes a U.S. citizen, or the petition will be revoked (terminated). If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. A more detailed description ofwho isconsidered a "child" in the immigration process is given below. If this happens, you must leave the United States after your F-1 status expires and apply for a green card through the marriage green card consular process in your home country. To petition for this benefit, you may file Form I-129F. If your main concern is can a green card holder file for her son, the answer is yes. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Form I-131 Instructionsfor more information. If you are a widow or widower of a U.S. citizen,please see our webpage on Green Card eligibility of a widow or widower. You cannot sponsor Green Cards for your in-laws however your spouse can sponsor them if he/she is a U.S. citizen and 21 years of age or older. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Can I Sponsor My Brother for a Green Card? A copy of the original application or petition that you used to apply for immigrant status, A copy of Form I-797, Notice of Action, for the original application or petition. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Filing for Your Relative Who Lives in the United States, Filing for Your Relative Who Lives Outside the United States, Conditional Residence and Removing Conditions. (Guide for U.S. Citizens), I-864, Affidavit of Support Under Section 213A of the Act, I-485, Application to Register Permanent Residence or Adjust Status, I-751, Petition to Remove the Conditions of Residence, I-824, Application for Action on an Approved Application or Petition, I-765, Application for Employment Authorization. A .gov website belongs to an official government organization in the United States. To help a parent get a green card, the eligibility requirements are generally very simple. Close All Open All How to Bring your Spouse to the United States Required Documentation Conditional Residence and Removing Conditions Case Status Official websites use .gov Check whether you qualify for a marriage green card with this detailed guide from Boundless Immigration. Your parents should useForm I-765, Application for Employment AuthorizationandForm I-131, Application for Travel Document, to apply for travel authorization. Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. This process is referred to as, Your family members preference category will determine how long he or she will have to wait for an immigrant visa number. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The F4 family-based fourth preference immigrant visa []. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status. For more information, visit the Adjustment of Status within the United States pageand Consular Processing overseas page. For more information, please see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. Looking for U.S. government information and services? Form I-131, Application for Travel Document, USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures, USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment, USCIS Policy Manual Volume 8, Admissibility. Green Card for Family Preference Immigrants. Family first preference. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relatives application. Looking for U.S. government information and services? Proof that you have continuously maintained a lawful status since arriving in the U.S.; Certified police and court records of criminal charges, arrests, or convictions (if applicable); Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see. If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. This is called adjustment of status.. You can file a petition for your son if he is your biological son, your step-son (as long as the marriage creating the step-son relationship occurred before your sons 18th birthday), or adopted son (as long as the adoption occurred before your sons 16th birthday). (Guide for U.S. Citizens), How Do I Help My Relative Become a Permanent Resident? For additional clarification, please read the requirements listed below. Unmarried people, any age, who have at least one U.S. citizen parent. Looking for U.S. government information and services? A marriage green card is a type of immigrant visa that allows you to live and work in the United States. U.S. citizens can bring more distant relatives than green card holders cantheir parents and brothers and sisters, for example. So if you are wondering "can I file for my daughter with a green card?" or "can a green card holder file for her daughter?", the answer is Yes! Unmarried son or daughter of any age. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. When petitioning for your relative, the following preference categories apply: A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). Green Card holder must be in the country for at least half of the waiting period, depending on the grounds for obtaining the Green Card. You are an immediate relative if you are: This page provides specific information for immediate relatives in the United States who want to apply for lawful permanent resident status while in the United States. If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Share sensitive information only on official, secure websites. In addition, your children will not have to wait any extra time for a visa number to become available. Learn about the process and who is eligible. This page was not helpful because the content: "How Do I" Guides for Permanent Residents, I-485, Application to Register Permanent Residence or Adjust Status, Green Card for a Family Member of a U.S. Citizen, In-Country Refugee/Parole Processing for Central American Minors. The immediate relative category has a lot of benefits because there are no caps on the amount of green cards issued in this category. A copy of yourunexpired U.S. passport OR, A copy of Consular Report of Birth Abroad OR, A copy of your naturalization certificate OR, A copy of your certificate of citizenship. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. This page was not helpful because the content: Family of Green Card Holders (Permanent Residents), Form I-485, Application to Register Permanent Residence or to Adjust Status, Form I-765, Application for Employment Authorization, Form I-131, Application for Travel Document, Bringing Siblings to Live in the United States as Permanent Residents, How Do I Help My Relative Become a Permanent Resident? Share sensitive information only on official, secure websites. Bringing Parents to Live in the United States as Permanent Residents. The F3 category currently has a wait time of approximately 13 years. This blog article may constitute attorney advertising. For this process, you'll need to submit Form DS-260, the . Reg. Attorney Advertising, Disclaimers & Cookie Policy. You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. ; Copy of your government-issued identity document with photograph; Copy of your passport page with nonimmigrant visa (if applicable); Copy of your passport page with your admissionor parole stamp (issued by a U.S. immigration officer) (if applicable); and, Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable), If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the. A petition for son of green card holder is placed in the F2 second preference family-based category which is used for spouses and children of green card holders. But the government got rid of the Widow's Penalty law after deciding that it was unfair to surviving spouses. In order to bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder. The main question is whether your son is over the age of 21. A copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree; A copy of the Form I-797, Approval or Receipt Notice, for the principal applicants Form I130 (unless you are filing your Form I-485 together with their Form I485); A copy of the Form I-797, Approval or Receipt Notice, for the principal applicants Form I485 or a copy of the principal applicants Green Card (if not filing together with their Form I-485); A copy of your government-issued identity document with photograph; A copy of your passport page with nonimmigrant visa (if applicable); A copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable); A copy of your Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on your Travel Document (if applicable). That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. Eligibility requirements for waivers and other forms of relief vary. Share sensitive information only on official, secure websites.
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