can i bring my parents to the U.S. if i am a green card holder?

Many green card holders (lawful permanent residents) wish to bring their parents to the United States to live with them. However, the U.S. immigration laws have specific requirements and limitations for sponsoring family members. 

Sponsoring Parents as a Green Card Holder

As a lawful permanent resident, you are not eligible to directly sponsor your parents for a green card. Only U.S. citizens have the privilege to sponsor their parents as immediate relatives for permanent residency.

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

While green card holders cannot directly sponsor their parents for a green card, there are alternative pathways to consider:

1. Wait Until You Become a U.S. Citizen

• Naturalization: You can apply for U.S. citizenship through naturalization after meeting the residency requirements (generally 5 years as a green card holder, or 3 years if married to a U.S. citizen).

• Sponsor Parents: Once you become a U.S. citizen, you can file Form I-130, Petition for Alien Relative, to sponsor your parents as immediate relatives, which allows them to obtain a green card without waiting for a visa number to become available.

2. Tourist Visa (B-2)

• Temporary Visit: Your parents can apply for a B-2 tourist visa to visit you in the United States temporarily.

• Limitations: This visa is for short-term visits only and does not provide a pathway to permanent residency.

3. Nonimmigrant Visas

• Student Visa (F-1): If your parents wish to study in the United States, they can apply for an F-1 student visa.

• Work Visa (H-1B): If your parents have job offers from U.S. employers, they can apply for work visas such as the H-1B visa, provided they meet the eligibility requirements.

• Other Nonimmigrant Visas: Depending on their circumstances, your parents may be eligible for other nonimmigrant visas, such as J-1 (exchange visitor), O-1 (individuals with extraordinary ability), or L-1 (intra-company transferee).

Steps to Sponsor Parents as a U.S. Citizen

Once you become a U.S. citizen, you can sponsor your parents for a green card by following these steps:

1. File Form I-130

• Form I-130: Complete and submit Form I-130, Petition for Alien Relative, for each parent.

• Supporting Documents: Include proof of your U.S. citizenship, your relationship with your parents (birth certificate), and evidence of your parents' identities.

2. Wait for Approval

• USCIS Processing: USCIS will process the Form I-130 and, if approved, forward the petition to the National Visa Center (NVC).

3. Apply for a Green Card

• Consular Processing: If your parents are outside the U.S., they will apply for an immigrant visa at a U.S. embassy or consulate in their home country.

• Adjustment of Status: If your parents are already in the U.S. on a valid visa, they may apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

4. Attend the Interview

• Interview: Your parents will attend an interview at the U.S. embassy/consulate or USCIS office.

• Approval: If all goes well, they will receive their green cards and become lawful permanent residents.

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Conclusion

While green card holders cannot directly sponsor their parents for a green card, becoming a U.S. citizen provides a pathway to reunite with your parents in the United States. Understanding the requirements and processes involved can help you plan for the future and ensure that your family can be together.

If you have any questions or need legal assistance, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.