Eligibility Guide- Can I File an Immigration Petition for My Parents with a Green Card-
Can I File for My Parents with a Green Card?
Navigating the complexities of U.S. immigration law can be daunting, especially when it comes to family-based immigration. One common question that arises is whether a person with a green card can file for their parents to obtain permanent residency in the United States. The answer to this question depends on several factors, including the individual’s relationship to the parents and their current immigration status.
Understanding Family-Based Immigration Categories
Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to bring certain family members to the United States. The U.S. Citizenship and Immigration Services (USCIS) categorizes family-based immigration into two main categories: immediate relatives and family preference categories.
Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, are exempt from the annual numerical limitations on family-based immigration. This means that U.S. citizens can file for their immediate relatives without having to wait for a visa number to become available.
Immediate Relatives and Green Card Eligibility
For green card holders, the process of filing for their parents is more complex. Green card holders can file for their parents under the family preference category, which is subject to annual numerical limitations. The family preference categories are as follows:
1. First preference (F1): Unmarried sons and daughters of U.S. citizens.
2. Second preference (F2): Spouses and children of lawful permanent residents, as well as unmarried sons and daughters of lawful permanent residents.
3. Third preference (F3): Married sons and daughters of U.S. citizens.
4. Fourth preference (F4): Brothers and sisters of U.S. citizens.
Eligibility and Visa Availability
To file for your parents under the family preference category, you must be a lawful permanent resident and have an approved Form I-130, Petition for Alien Relative. However, simply filing the petition does not guarantee that your parents will receive a green card.
Visa availability is a crucial factor in the process. Each family preference category has a limited number of visas available each year. If the number of applicants exceeds the available visas, your parents may have to wait for a visa number to become available. The waiting period can vary significantly depending on the category and the country of origin.
Conclusion
In conclusion, while a green card holder can file for their parents under the family preference category, the process is more complex and subject to annual numerical limitations. It is essential to consult with an immigration attorney or a qualified expert to understand the specific requirements and the likelihood of your parents obtaining a green card through this process. By doing so, you can ensure that you are taking the necessary steps to support your parents’ immigration journey to the United States.
