Family-Based Immigration: An Overview
The U.S. Green Card sponsorship for parents’ is covered under the heading of family-based immigration. This allows U.S. citizens or Lawful Permanent Residents (LPR) to petition for their parents. This is a massive step taken by the U.S. toward reunification of family members. This family-based immigration system is divided into two categories. One is for the immediate relatives, while the other one is for family preference.
The Immigration and Nationality Act (INA) has set forth the two categories. Immediate relatives of a U.S. citizen include their spouse, their unmarried children aged below 21 years, and their parents. For this category of immediate relatives, there is no annual limit on the issuance of visas i.e., they are not bound to face any quota.
If the Green Card holders or LPRs are thinking of sponsoring their parents in the U.S., then they have to keep in mind that the process is a bit complex as compared to the U.S. citizens sponsoring their parents. Now, if you are an LPR or a Green Card holder in the United States, it must be on your mind as to whether you can apply for the sponsorship of your parents. Comes along with this thought is the thought of how one can do the same. To answer your first question, the answer is yes. You can apply for a U.S. Green Card for your parents. However, you should keep in mind that it comes with certain terms and conditions.
Understanding the U.S. Green Card
A Green Card is an important dossier bestowing people the right to live and work permanently in the United States. A U.S. Green Card can be obtained in several ways: family-based immigration, employment-based immigration, diversity lottery, humanitarian programs, etc. The U.S. Green Card is a step toward the application for U.S. citizenship.
What is a U.S. Parent Visa?
When it comes to Green Card holders or Lawful Permanent Residents sponsoring their parents in the U.S., the process is a bit more complicated than in the case of a U.S. citizen. If you are in the U.S. and are a Lawful Permanent Resident (LPR) or a Green Card holder, you might be wondering whether or not you can apply for sponsorship of your parents. The answer to your query is yes, but is subject to some terms and conditions. If you want to sponsor your parents while you are an LPR or a Green Card holder, you can go ahead and do so in the category of family preference. Here the yearly limit is fixed and the duration one has to wait depends upon the country or region one belongs from.
Let us understand the eligibility criteria for sponsoring one’s parents as an LPR:
While applying for sponsorship of your parents for the U.S. visa, as an LPR, the following conditions must be satisfied:
- The sponsor must be at least 21 years of age
- The sponsor must have obtained a Green Card by a valid and proper means
- The sponsor must have sufficient income to sponsor their parents
- The sponsor, at the time of making the application and throughout the process should be present in the U.S.
What is the process for US Green card Sponsorship for parents as a Lawful Permanent Resident (LPR)?
For the sponsorship of your parents as an LPR, you must follow these steps:
Step 1: Petition: The first step involves the filing of a petition of the sponsor’s parents i.e., their alien relative with the United States Citizenship and Immigration Services (USCIS).
Step 2: Approval: Once the petition is filed, the sponsor has to wait for the approval of the same. Once approved, USCIS will assign a priority date. A priority date is the date when USCIS receives an application. It then decides where the applicants stand in the visa queue. This status can also be checked online.
Step 3: Visa number: Thereafter, a visa number is allotted. This number depends on the country or region one belongs to. This can be checked online as well.
Step 4: Visa application: Once a visa number is available for your parents, they can apply for an immigrant visa at a U.S. consulate or embassy in their home country. They must submit an online application for an immigrant visa and alien registration, pay the visa fee, and schedule an interview appointment. They have to undergo a medical examination and provide supporting documents.
Family preference categories have annual numerical limits, and the visa demand often exceeds the supply. Therefore, there may be a waiting period before your parents can apply for their immigrant visas. You must monitor the Visa Bulletin to determine when visas become available for your parents’ category.
Step 5: Interview: Once visas become available, your parents will attend a visa interview at the U.S. embassy or consulate in their home country. They will be required to undergo a medical examination and provide any additional documents requested by the consular officer.
Attend the interview with a consular officer who will ask questions about their purpose of travel.
Step 6: Visa approval: If the consular officer approves the visa application, your parents will be issued immigrant visas, allowing them to travel to the United States.
Step 7: Arrival in the U.S.: Your parents have arrived in the U.S. Now what next? At the port of entry, they will have to go through an immigration inspection. Thereafter, your parents will be admitted to the U.S. as LPRs.
What is conditional residence?
In the process of US Green Card sponsorship for parents, in certain cases, if your parents are granted immigrant status based on your Green Card, they may initially receive conditional residence. A conditional residence is valid for two years, and you must jointly file a petition to remove the conditions within the 90-day window before the conditional Green Card expires.
What is the waiting time for sponsorship of your parents as an LPR?
The waiting time for sponsoring your parents as an LPR depends on various factors, such as:
- The processing time of USCIS and DOS for reviewing and approving your petition and application
- The availability of visa numbers for your parent’s country of origin and preference category
- The demand and backlog of other applicants in the same category
Final Words
Sponsorship of parents as an LPR is possible, but with some limitations and conditions. You must fulfill the requirements for eligibility, follow the application procedure, and wait for your parents’ visa number to become available. The waiting time may vary depending on your country of origin and preference category. Suppose you need guidance with your US visa application and immigration needs. If so, you could think about speaking with an experienced immigration lawyer who can guide you through every stage of the procedure.
However, when it comes to US Green Card Sponsorship for parents by Green Card holders, the process falls under the family preference category, which has certain limitations and restrictions. While a Green Card holder can sponsor their parents, the process is more complex than it is for U.S. citizens.
Family reunification allows individuals to be with their loved ones and create a better future. However, due to the limitations and waiting periods associated with family preference categories, it’s essential to be patient and well-prepared throughout the journey.
