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Can a green card holder petition for a green card for parents?

Bringing Foreign Parents to the United States

Many immigrants coming to the United States to live come to bring their extended family with them. This frequently includes parents. Adult children who have moved to the United States commonly wish to bring their parents to live with them so that they can be close to them and care for them as they age. Parents also like to be close to extended family, including grandchildren. This can be a complicated process, but it is possible. If you are a permanent resident of the United States, meaning you hold a green card to legally live and work in the United States, you cannot legally sponsor your parents for their own green card. This is why applying for citizenship is essential if you wish to bring extended family members to live with you in the United States.

Citizenship: The First Step

If you are a permanent resident with a green card, your first step towards sponsoring parent or for a green card is to become a U.S. citizen. The process of becoming a U.S. citizen is called naturalization. Once you have held permanent residency in the U.S. for a period of five years, or less in certain circumstances, then you may become  eligible to apply for U.S. citizenship. In general, with some exceptions, the requirements for naturalization include:

  • Proof of residence in the U.S. as a permanent resident for at least 5 years, with no trips outside of the U.S. lasting 6 months or more

  • Proof of physical presence in the U.S. for at least half of the 5 years preceding the filing of the application

  • Proof of residence in the state in which you are applying for at least 3 months preceding the filing of the application

  • Reasonable  proficiency in the English language

  • Proof of good moral character during the 5 year period preceding the filing of the application

  • Not being subject to any bar to naturalization

Once you become a citizen, you will be allowed to vote, obtain a U.S. Passport, and help family members to immigrate to the United States, and you will no longer be required to renew your green card.

Applying for Citizenship

It is important to consult with an immigration lawyer to ensure that you  meet the above requirements. If you do, then, your next steps generally include:

  • Filing form N-400 Application for Naturalization, with supporting documentation

  • Completing a biometrics appointment for background checks

  • Completing a naturalization interview before an immigration officer, during which you will need to pass a U.S. government and history exam

  • Taking an oath ceremony to officially become a U.S. citizen

Once you have successfully completed the process to become a U.S. citizen, you can begin the process of sponsoring your parents for their green cards.

Sponsorship

Parents of U.S. citizens are considered immediate relatives. This is good news because immediate relatives of U.S. citizens are not limited in the number of visas that can be awarded each year. Once you take the oath ceremony and officially become a U.S. citizen, then you are ready to begin the process of sponsoring a parent for a green card.

Contact Hurtubise Weber Law

For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.