Can Green Card Holder Apply For Parents

Green Card for Parents | Pandev Law

Can Green Card Holders Apply for Their Parents?

If you are a green card holder in the United States, you may wonder if you have the ability to bring your parents to the country to live with you. Family reunification is an important aspect of U.S. immigration policy, but it is vital to understand the rules and regulations surrounding this process. In this article, we will explore whether green card holders can apply for their parents and provide you with the information you need to navigate this complex area of immigration law.

Eligibility as a Green Card Holder

As a green card holder, also known as a lawful permanent resident, you have certain benefits and rights. However, when it comes to sponsoring your parents for a green card, there are limitations. Green card holders are not eligible to directly petition for their parents to immigrate to the United States.

However, this does not mean that there are no options available for green card holders who wish to bring their parents to the U.S.

Alternative Options

While green card holders cannot directly sponsor their parents for immigration, they can apply for a Family Preference immigrant visa. This visa category is divided into several subcategories, with the most relevant one being F2B, which applies to unmarried children over the age of 21 of lawful permanent residents. Parents fall into this category, making them eligible for a Family Preference visa.

It is important to note that this visa category has limited annual quotas, and it may take a significant amount of time for the visa to become available. The wait time can vary, but it is often several years, depending on various factors such as your parents’ country of origin.

It is advisable to consult with an immigration attorney or explore the U.S. Citizenship and Immigration Services (USCIS) website to understand the current processing times and availability of visas.

Financial Responsibility

When petitioning for a Family Preference visa for your parents, it is crucial to demonstrate that you can financially support them and prevent them from becoming a public charge. To do so, you will need to submit an Affidavit of Support (Form I-864) along with your application. This form establishes that you have sufficient income and resources to meet their financial needs.

If you do not meet the income requirements, you may need to find a joint sponsor who can meet the necessary financial criteria. A joint sponsor must be a U.S. citizen or green card holder and meet the minimum income requirements to support the intending immigrants.

Conclusion

While green card holders cannot directly sponsor their parents for immigration to the United States, they have the option to apply for a Family Preference immigrant visa. This visa category allows for the reunification of families, including parents. However, it is important to be aware of the limited annual quotas and potential wait times associated with this process. Additionally, demonstrating financial responsibility through the submission of an Affidavit of Support is crucial.

Consulting with an immigration attorney or thoroughly researching the requirements on the USCIS website is highly advised before embarking on the application process. By understanding the rules and regulations surrounding bringing your parents to the U.S., you can navigate this complex area of immigration law more confidently.

Frequently Asked Questions

Can a green card holder petition for their parents to obtain a green card?

No, green card holders cannot directly sponsor their parents for a green card. However, they can apply for a Family Preference immigrant visa, which allows for the reunification of families, including parents.

What is the wait time for a Family Preference immigrant visa for parents of green card holders?

The wait time for a Family Preference immigrant visa can vary depending on the country of origin and the number of applicants. It is advisable to consult the U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information on processing times and availability of visas.

Do green card holders need to demonstrate financial responsibility when applying for a Family Preference immigrant visa for their parents?

Yes, green card holders must provide evidence of financial responsibility when applying for a Family Preference immigrant visa for their parents. This is done through the submission of an Affidavit of Support (Form I-864), which establishes that the green card holder can financially support their parents and prevent them from becoming a public charge.

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Green Card Renewal: How to Renew Your Green Card Eligibility for a family-based green card. To obtain a family-based green card, your parents must prove they are related to you and meet the requirements. The requirements include age, work experience, and lack of a criminal record. Also, as a U.S. citizen, you must be at least 21 to apply on your parents’ behalf.

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