Can a Green Card Holder Sponsor Parents to Live Permanently in the United States?

You’ve taken the crucial step of becoming a lawful permanent resident – a green card holder. Congratulations! This hard-earned status not only allows you to live and work in the United States indefinitely, but it may also open doors for some of your family members to join you.

One of the questions we get at the Law Office of Lina Baroudi is whether a green card holder can apply for their parents to immigrate to the U.S.

The answer, unfortunately, is no—but there may be other options.

Only U.S. Citizens Can Sponsor Their Parents

Green card holders cannot sponsor their parents for permanent residency in the United States. This limitation often comes as a shock to many of our clients, who’ve worked hard to obtain lawful permanent resident status and naturally want to bring their parents to join them.

The ability to sponsor parents is reserved exclusively for U.S. citizens who are at least 21 years old. This rule is firmly established in U.S. immigration law, specifically in the Immigration and Nationality Act (INA).

Green card holders, while able to live and work in the U.S., are not afforded all the same rights and privileges as citizens. Congress, in crafting the immigration laws, prioritized U.S. citizens being able to reunite with their immediate family members. They drew a line between citizens and permanent residents in this regard. We know it’s unfair—especially if you’ve been living in the U.S. for many years as a permanent resident, but that’s the way the law is currently written.

Why Green Card Holders Cannot Sponsor Parents

The restriction on green card holders sponsoring parents stems from the way U.S. immigration law categorizes family relationships. Parents of U.S. citizens fall under the “immediate relative” category, which has no numerical limits on visas issued each year. However, the law doesn’t extend this privilege to green card holders.

This limitation is part of a broader immigration policy that aims to balance family reunification with other national interests.

Pathways for Green Card Holders to Bring Parents to the U.S.

So, what options do green card holders have? The most straightforward way is to become a U.S. citizen through naturalization. Here’s how it typically works:

1. Meet the residency requirements: Generally, you need to have been a green card holder for at least five years. If you obtained your green card through marriage to a U.S. citizen, you might be eligible after three years.
2. Pass the naturalization test: This includes demonstrating English language proficiency and knowledge of U.S. civics.
3. Take the Oath of Allegiance: Once your application is approved, you’ll attend a ceremony to become a U.S. citizen officially.

The process can take several months to over a year, depending on USCIS processing times and your individual circumstances. But once you’re a citizen, you can immediately petition for your parents.

How to Sponsor Parents After Citizenship

Once you’ve got that shiny new U.S. passport, here’s what the parent sponsorship process looks like:

1. File Petition for Alien Relative (Form I-130)

Your journey begins with filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form essentially notifies the government of your intention to sponsor your parents as immediate relatives.

Along with the completed form, you’ll need to submit evidence that proves your relationship, such as:

• Your parents’ birth certificates
• Your birth certificate
• Your parents’ marriage certificate (if applicable)
• Your green card
• Filing fees

Processing times for Form I-130 can vary, but USCIS provides updated timeframes on its website. As of early 2023, most cases were processed within 9-11 months.

2. Petition Approved, Case Forwarded to the National Visa Center

Once the USCIS approves your I-130 petition, your parents’ case will be forwarded to the National Visa Center (NVC), the centralized hub that processes immigrant visas.

At this stage, the NVC will send you and your parents a set of instructions, including details on required fees and supporting documentation like police certificates, civil records, and medical examination reports.

3. Parents Attend Immigrant Visa Interview

With all the paperwork in order, your parents will be scheduled for an in-person interview at the U.S. consulate or embassy in their home country. This is a crucial step in which a consular officer carefully assesses their eligibility for an immigrant visa.

During the interview, your parents can expect questions about their biographical details, family relationships, employment history, and other aspects of their background. The officer will also evaluate whether they are inadmissible on public charge grounds or for other reasons like health, security, or prior immigration violations.

4. Parents Receive Immigrant Visa to Enter U.S. as Permanent Residents

If your parents are approved after the interview, they will receive an immigrant visa. This grants them the right to travel to the United States and eventually become lawful permanent residents.

They will have two options at this point:

• Consular Processing: Your parents can complete their green card processing at the U.S. consulate and then enter the country as new permanent residents with their immigrant visas and green cards.
• Adjustment of Status: If your parents are already in the U.S., they may be eligible to process their green cards through USCIS through an adjustment of status.

Whichever route they choose, your parents will officially become green card holders themselves – a huge milestone toward your family’s future in America.

The entire process, from filing the initial petition to your parent receiving their green card, can take anywhere from several months to over a year. And yes, it can be a bureaucratic nightmare if you’re not familiar with the system.

Explore Family Immigration Options With the Law of Lina Baroudi

We know it can be frustrating and heartbreaking to face legal barriers when trying to reunite with your parents in the United States. The immigration system doesn’t always seem to consider the real human needs and desires of immigrants.

But don’t lose hope. If you’re committed to bringing your parents over permanently, start looking into the naturalization process. See if you meet the eligibility criteria and begin preparing for that path. It’s a big step, but it’s the most assured way to gain the right to sponsor your parents.

In the meantime, if you have any questions or need guidance on your specific situation, contact the Law Office of Lina Baroudi. We’re here to help you understand and navigate immigration law and find the best solutions for you and your family.