Glossary‌

Green Card Holders- Exploring Options for Applying for Parental Residence in the U.S.

Can a Green Card Holder Apply for Parents?

As the United States continues to be a beacon of opportunity for immigrants from around the world, many green card holders are eager to bring their parents to the United States to share in the American dream. The question that often arises is whether a green card holder can apply for their parents to join them in the U.S. The answer is both yes and no, depending on the circumstances and the specific type of visa available.

Eligibility for a Parent Visa

A green card holder can apply for a parent visa if their parent is eligible. The most common type of visa for a parent of a green card holder is the Immediate Relative Visa (IR-5). This visa is reserved for parents of U.S. citizens, not green card holders. Therefore, if the green card holder is also a U.S. citizen, they can apply for their parents as immediate relatives.

Applying for the Immediate Relative Visa

If the green card holder is a U.S. citizen, the process to apply for their parents’ immediate relative visa is as follows:

1. The U.S. citizen (green card holder) files Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).
2. USCIS processes the petition and, upon approval, forwards it to the National Visa Center (NVC).
3. The NVC notifies the applicant of the priority date, which is the date the petition was filed.
4. Once the priority date becomes current, the applicant must complete the visa application process and pay the required fees.
5. The applicant must undergo medical examinations and interviews at a U.S. Embassy or Consulate in their home country.
6. If the visa is approved, the applicant can travel to the United States.

Waiting Periods and Limits

It’s important to note that there are waiting periods and limits associated with the immediate relative visa. While there is no annual limit on the number of IR-5 visas issued, there is a limit on the number of visas issued to each country. Additionally, there can be significant waiting times, depending on the country of origin and the demand for visas.

Alternative Options

If the green card holder is not a U.S. citizen, they may still have options to bring their parents to the United States. They could apply for a family-based preference visa, which has a lower priority date and a longer waiting period. Alternatively, they could encourage their parents to apply for a diversity visa (Green Card Lottery), although this is not a guaranteed option.

Conclusion

In conclusion, a green card holder can apply for their parents to join them in the United States, but it depends on their citizenship status and the type of visa available. U.S. citizens can apply for their parents as immediate relatives, while green card holders may need to explore other family-based visa options. It’s essential to consult with an immigration attorney to understand the best course of action for each individual’s situation.

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