If your adult child is a U.S. citizen, you may be able to apply for a green card through them. However, the process is not always straightforward, and eligibility depends on several factors. Continue reading for more information and contact a knowledgeable Queens family immigration lawyer to obtain the help of a skilled professional today.
What is a Green Card?
A green card, or permanent resident card, is a document that proves a person has been granted permanent residency in the United States. Green card holders are authorized to live and work permanently anywhere in the U.S. They must maintain their resident status and are eligible to apply for U.S. citizenship after a qualifying period, typically five years.
Can I Obtain a Green Card Through My Adult Child in the U.S.?
Depending on the circumstances, yes, you may be able to obtain a green card through your adult child. However, this is only possible if they are a citizen, not if they are a green card holder.
U.S. citizens aged 21 or older can petition for their parents to receive a green card. Parents of U.S. citizens are afforded priority in the immigration system due to the direct familial connection, which simplifies the path to permanent residency compared to other family-based immigration categories.
What Are the Requirements for a Child to Sponsor a Parent?
For a U.S. citizen child to successfully sponsor a parent for a green card, several legal requirements must be met by both the sponsoring child and the parent.
First and most importantly, the child must be a U.S. citizen and at least 21 years old. A lawful permanent resident or a U.S. citizen under the age of 21 cannot petition for their parents. The child must also establish a legitimate parental relationship with the immigrant. This usually involves submitting birth certificates or other official documentation proving the familial link.
The sponsoring child must demonstrate the ability to financially support the parent by completing Form I-864, the Affidavit of Support. This requires the sponsor to have an income that is at least 125% of the Federal Poverty Guidelines for their household size. This financial requirement is crucial to ensure the parent will not become a public charge in the U.S. If the citizen child’s income is insufficient, a joint sponsor may be necessary.
Because parents of U.S. citizens are considered immediate relatives, an immigrant visa number is immediately available, meaning they do not have to wait for years in a visa queue like applicants in other preference categories. The application process typically begins with the citizen child filing Form I-130, the Petition for Alien Relative.
If you have questions or concerns about your ability to obtain a green card through family, reach out to a knowledgeable attorney today.
