Answer By law4u team
A Green Card holder, or lawful permanent resident (LPR), has the ability to sponsor certain family members for immigration to the United States. However, sponsoring parents is a benefit reserved for U.S. citizens. Green Card holders cannot directly sponsor their parents for permanent residency, but they can pursue citizenship first to then initiate the process.
Steps to Take for Sponsoring Parents
Become a U.S. Citizen
To sponsor your parents, you must first become a U.S. citizen. A Green Card holder is ineligible to sponsor their parents until they have naturalized and obtained citizenship.
File a Petition (Form I-130)
Once you are a U.S. citizen, you can file a Form I-130, Petition for Alien Relative, for each parent you wish to sponsor. This form establishes the family relationship and is the first step in the process.
Wait for Approval and Priority Date
After filing the petition, there may be a waiting period for the petition to be approved. The priority date will be established once the petition is filed, and this date will be used to determine when your parents can apply for their immigrant visa or adjust status.
Submit Visa Application or Adjustment of Status
Once the petition is approved and a visa is available (or the priority date is current), your parents will either apply for an immigrant visa at a U.S. consulate abroad or adjust their status if already in the U.S. This step involves submitting additional forms and attending an interview.
Attend an Interview and Final Approval
The final step is the interview at the U.S. consulate (for applicants outside the U.S.) or with U.S. Citizenship and Immigration Services (USCIS) (for those adjusting status within the U.S.). After approval, they will receive a Green Card, granting them permanent resident status.
Legal Actions and Protections
Ineligibility of Green Card Holders to Sponsor Parents Directly
A Green Card holder cannot sponsor their parents directly; U.S. citizenship is required.
Family-Based Immigration Benefits
Once a U.S. citizen, sponsoring parents is a priority and does not have a cap, meaning there is no waiting list for immediate relatives (parents of U.S. citizens).
Legal Assistance
If needed, a family immigration lawyer can assist in navigating the steps, especially with the petition process and adjusting status for parents already residing in the U.S.
Example
If a Green Card holder named John wishes to bring his parents to the U.S., he would first need to apply for U.S. citizenship. After obtaining citizenship, John could file a petition for each of his parents using Form I-130. Once approved, his parents could either adjust status if in the U.S. or go through consular processing to get their immigrant visa at the U.S. embassy. After approval, they would receive their Green Cards and become lawful permanent residents.
