Sponsoring Parents for Green Cards: A Guide

This is another installment of “Dear Sophie,” the advice column dedicated to answering immigration questions relevant to those working in the technology sector.

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Dear Sophie:

I recently became a U.S. citizen! My spouse and I are hoping to bring my mother and her husband to the United States to assist with the care of our young children, who are in preschool and toddlerhood.

My biological father passed away some years ago while I was an adult, and my mother has since remarried. Is it possible for them to obtain green cards?

— Appreciative in Aptos

Dear Appreciative:

Congratulations on achieving U.S. citizenship! It represents a significant accomplishment, and you have successfully completed the process. :) For those currently awaiting citizenship, please note that the Biden administration has prioritized accelerating processing times. Furthermore, the Muslim Ban has been rescinded! And USCIS is committed to improving the experience for Dreamers pursuing DACA.

We can certainly explore a strategy to facilitate your mother and stepfather obtaining green cards in the U.S. Because your mother married your stepfather after you reached the age of 18, you cannot directly sponsor him. You will first need to sponsor your mother for a green card, after which she will be able to sponsor him as her husband. My legal partner, Anita Koumriqian, a specialist in family-based immigration, and I recently discussed the process of securing green cards for parents and siblings in a podcast. You can find more detailed information there. It’s important to understand that this is a multi-stage process that will likely take several years. Therefore, you might want to consider engaging a nanny if you require childcare on a more immediate basis! ;)

As an alternative to expedite matters for your stepfather, if he has a child, sibling, or parent who is a U.S. citizen, any of them could sponsor him for a green card. If your mother ultimately sponsors him after becoming a permanent resident, this is generally faster than a U.S. citizen sibling sponsoring a brother, but typically not as quick as a U.S. citizen child sponsoring a parent.

Given that your mother currently resides abroad, she will be unable to enter the U.S. until the U.S. embassy or consulate in her country of residence reopens and resumes processing standard visa and green card applications. However, U.S. Citizenship and Immigration Services (USCIS) is currently operational.

You can begin the process of sponsoring your mother for a green card now, and collaborating with an attorney can help streamline the procedure. You must be at least 21 years old and a U.S. citizen. As her sponsor, you will also assume legal responsibility for providing her with financial support.

Initially, you will need to submit documents to USCIS, such as your birth certificate and proof of U.S. citizenship, and ensure that any foreign language documents are accompanied by certified English translations. Currently, the USCIS California Service Center requires approximately seven months to process green card applications for parents.

If USCIS approves your mother’s green card petition, her case will be forwarded to the National Visa Center (NVC), which will collect additional documentation and information from your mother. The NVC will then transmit this information to the embassy or consulate in your mother’s home country for review, and your mother will be required to attend a green card interview there.

For further insights into best practices and what to anticipate, please listen to my podcasts with Anita on Navigating the NVC and with Alcorn Immigration Law associate attorney Cori Farooqi on How to Prepare for a Visa or Green Card Interview.

After your mother completes her green card interview and receives approval, she will be able to come to the U.S. This means she and her husband may need to spend time apart unless her husband enters the U.S. on a B-1 Visa for Visitors for Pleasure or a work visa. If your mother and her husband choose this option or remain separated while pursuing a green card, I strongly advise them to seek guidance from a qualified immigration attorney.

The B-1 visitor visa and most other work visas are nonimmigrant visas, meaning your stepfather must demonstrate to U.S. immigration officials that he does not intend to remain in the U.S. permanently and will not relinquish his residency in his home country. If he travels with your mother, he may find it challenging to present a convincing case, given your mother’s green card status. Moreover, this could potentially jeopardize his future prospects for a green card. Proceed with caution and consult with an experienced attorney.

Once your mother receives a passport stamp upon arriving in the U.S. as a lawful permanent resident, she is authorized to work and does not need to apply for a work permit. As a green card holder, she will then be able to sponsor her husband for an F2A green card.

To sponsor her husband, she will need to submit similar documentation to USCIS as you did for her green card, along with specific documents related to her situation, such as your father’s death certificate and her marriage certificates. Following your mother’s submission of the green card application for your stepfather, he will need to undergo a similar process, provided he remains abroad during the process.

If your mother and stepfather have been married for less than two years when his green card is approved, he will receive a conditional green card, valid for two years. Within 90 days of the two-year green card’s expiration, your mother and her husband must jointly apply to remove the conditions by filing Form I-751 (Petition to Remove Conditions on Residence).

Keep in mind that the earlier you begin, the sooner you can all be together!

With best regards,

Sophie

Do you have a question? Submit it here. We reserve the right to edit your submission for clarity and/or brevity. The information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For more information regarding the limitations of “Dear Sophie,” please review our complete disclaimer here. You can reach Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all popular podcast platforms. She is currently accepting applications for potential guests!