Can a Grandparent Petition for a Green Card for a Grandchild?
Grandparents share a special bond with their grandchildren. They love each other and create cherished memories that last a lifetime. If you are a grandparent who is a U.S. citizen or lawful permanent resident, you may wonder if you can sponsor your grandchild for a green card. The short answer is that direct sponsorship of a grandchild is not possible under immigration law. However, if you are a U.S. permanent resident then you can sponsor your unmarried child for a green card, and their child (your grandchild) may in some cases be able to be included as a derivative on your petition. The green card process can be complex and confusing. In this blog post, we’ll explore the requirements and limitations of the grandparent-grandchild relationship in sponsoring for a green card.
Deciding Eligibility, Marital Status, and Finances
To sponsor an unmarried child and grandchild for a green card, the grandparent must fulfill certain eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). First and foremost, the grandparent must be a lawful permanent resident of the United States. Secondly, the child must be unmarried, and remain unmarried throughout the green card/immigrant visa process. The grandchild must also be unmarried and remain unmarried throughout the process and must be under the age of 21 at the time the petition is filed. In some cases, the grandchild may “age out” of eligibility for the green card while the application is being processed. If the grandchild turns 21 while the application is still in process, then a formula will used to determine whether the grandchild is still eligible for a green card at the time that one becomes available. The grandparent will also need to prove that they have enough financial resources to support their child and grandchild and that the child is not likely to become a public charge.
Establishing the Relationship
One of the most important aspects of sponsoring a grandchild for a green card is the relationship between the grandparent and child and grandchild. The grandparent must prove a legal relationship with both the child and grandchild. USCIS will scrutinize the relationship to ensure that it meets the eligibility requirements.
Understanding the Limitations
The green card sponsorship process has a few significant limitations. The wait time is one of the most considerable limitations. Processing time varies widely and depends on the backlog of cases, the complexity of the case, and the specific facts of the situation. Currently, the wait time for family-based visas for minor children of lawful permanent residents ranges between around 18 months and decades.
Applying for a Nonimmigrant Visa
One solution to the extended waiting period is for the grandchild to apply for a nonimmigrant visa while waiting for the family-based green card petition to be approved. The grandchild can apply for a tourist visa or a student visa to travel to the U.S. to visit or attend school in the meantime. However, keep in mind that applying for a nonimmigrant visa does not guarantee approval. The grandchild has to demonstrate that they have strong ties to their home country, such as a job, a house, or a family, and that they do not intend to overstay their visa.
Contact an Experienced Immigration Lawyer Today!
Sponsoring a grandchild for a green card can be a complex and lengthy process. However, with the help of skilled immigration attorneys, the green card sponsorship process can be made easier. At Hurtubise Weber Law, we have experienced immigration lawyers who can guide you through the green card sponsorship process for your grandchild. Contact us today to schedule a consultation.