Can a Green Card Holder Sponsor Their Parents in the United States?

Many immigrants in the United States long to reunite with their families, especially their parents. U.S. immigration laws are specific and strict about who can file family-based petitions and which family relationships qualify. If you are a green card holder and want to sponsor your parents, it’s important to understand the restrictions surrounding this. Understanding who can sponsor relatives, and when, can help families plan for immigration options and avoid unnecessary delays. Continue reading for more information and speak with an experienced New York City family immigration attorney to discuss your situation and secure skilled legal advice today.

What Is a Green Card?

A green card is an identification card issued by the United States government to immigrants who are authorized to live and work permanently in the country, granting them lawful permanent residence (LPR). Holding a green card grants certain rights and responsibilities.

Lawful permanent residents can live anywhere in the U.S., attend public schools, own property, and join certain branches of the U.S. Armed Forces. They are protected by the laws of the United States and the state in which they live. One of the most important benefits is that a green card provides a path to eventually apply for U.S. citizenship once eligibility requirements are met.

Rights and Benefits of Lawful Permanent Residents

Those who hold a green card generally have the ability to:

• Live and work permanently in the United States
• Own property and open bank accounts
• Travel outside of the U.S. and return with proper documentation
• Receive certain benefits and protections under U.S. law
• Attend public schools and universities
• Apply for U.S. citizenship if certain conditions are met

Can a Green Card Holder Sponsor Their Parents in the U.S.?

No, green card holders cannot petition their parents for a green card in the United States. While lawful permanent residents are granted a variety of benefits and rights, sponsoring their parents for permanent residency is not one of them. Parents may qualify for temporary visitor visas that allow them to visit their children in the U.S. for a short period of time.

Sponsoring Parents With a Green Card

• Green card holders cannot petition their parents for permanent residency in the United States
• Only U.S. citizens over the age of 21 can sponsor parents for a green card
• Lawful permanent residents are only able to petition on behalf of certain family members
• Sponsoring parents can be possible after naturalization

Family Members Green Card Holders Can Sponsor

Under U.S. immigration law, green card holders are eligible to sponsor certain family members, including spouses and unmarried children, for a green card. Eligible relatives include:

• A spouse
• Unmarried children under the age of 21
• Unmarried adult children

Spouses and unmarried children under the age of 21 fall into the 2A category of family-based immigration, while unmarried adult children are in the second 2B category.

How Can a U.S. Citizen Bring Their Parents to the U.S.?

Only a United States citizen 21 years of age or older can sponsor their parents for a green card in the United States. Parents are only classified as immediate relatives for adult U.S. citizens, which is important because immediate relatives are not subject to caps or backlogs like certain preference categories.

Once you have officially completed the naturalization process, transitioning from a lawful permanent resident to a naturalized citizen, you are eligible to sponsor your parents for a green card.

Steps to Sponsor Parents for a Green Card

It’s important to understand that the sponsorship program is administered by the United States Citizenship and Immigration Services as part of the family-based immigration system established under federal immigration law. As such, if you are a United States citizen over the age of 21, the sponsorship process includes:

• Filing Form I-130 (Petition for Alien Relative) for each parent
• Providing documentation proving the parent-child relationship
• Submitting supplemental documents proving identity
• Waiting for petition approval from USCIS
• If parents live outside of the United States, they must undergo consular processing
• If parents are already inside the United States, they must complete an adjustment of status

Why Parents Are Considered Immediate Relatives

Immediate relatives are granted special priority under U.S. immigration law. As such, this means:

• There is no annual visa limit for the parents of United States citizens
• The immigration process generally moves faster than the preference categories
• Visa backlogs generally do not apply to immediate relatives

Temporary Options for Parents of Green Card Holders

While green card holders are unable to sponsor their parents for immigration to the United States, there are generally still temporary options that allow parents to travel to the country.

Temporary Visa Options Parents May Utilize

Parents may be able to visit the United States using a B-2 visitor visa, which allows temporary travel for tourism or family visits. Common permitted activities include:

• Visiting children or other relatives living in the United States
• Attending family events
• Tourism and short travel within the United States
• Undergoing certain medical care

However, a B-2 visa is temporary and does not provide permanent residency.

Contact an Experienced Immigration Attorney Today

If you are interested in sponsoring your parents for immigration to the United States, it’s in your best interest to connect with an experienced immigration attorney with the Law Offices of Cheryl R. David. It’s no secret that United States immigration laws can be incredibly complicated, which is why having an attorney to assist you through this process is critical. Our team is with you every step of the way to help avoid unnecessary delays and issues. Contact us today to learn how we can represent you.