O Green Card through kinship is a common path for those who wish to live legally in the US and ensure stability for their families. In this scenario, a child with american citizenship can start the Green Card process for their parents, however, many doubts arise when it comes to the right of parents to obtain a Green Card through their American children. In this article, we will explore the nuances of the kinship Green Card, focusing on parental rights and the process involved.
Immediate Relative: Who Qualifies?
In the United States immigration context, “immediate relative” refers to certain family relationships that the government considers a priority for granting permanent residency. Immediate relatives include spouses of U.S. citizens, unmarried children under the age of 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 years of age. Therefore, parents of US citizens qualify as immediate relatives, which means they are exempt from annual visa limits. This category is one of the fastest and most direct ways to obtain a Green Card.
Family Preference: How Does It Work?
Unlike immediate relatives, “family preference” covers other family relationships that do not fall into the category of immediate relatives. This category is divided into four preferences:
- First preference (F1): unmarried children of US citizens (21 years or older).
- Second preference (F2A and F2B): spouses, minor children and unmarried children (21 years or older) of permanent residents.
- Third preference (F3): married children of U.S. citizens.
- Fourth preference (F4): siblings of American citizens.
Parents of US citizens do not fit into family preferences because, as mentioned, they are classified as immediate relatives. This provides them with a faster route to immigration compared to other family categories.
Green Card by American Child: What is the Process?
For parents of US citizens, the process of obtaining a Green Card is relatively straightforward, as long as their child is at least 21 years old. The first step is for the American citizen child to fill out Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the family relationship and begins the immigration process. Once the I-130 is approved, the next step depends on the father's location:
- If the father is in the US: He can adjust status by filing Form I-485, Application for Registration of Permanent Residence or Adjustment of Status. During this process, he may receive a work permit and eventually a Green Card, if everything is in order.
- If the father is outside the US: The case will be forwarded for consular processing, where the father will attend an interview at the U.S. consulate in the home country. Once approved, he will be able to enter the US as a permanent resident.
How Long Will It Take for My Relative to Immigrate?
The time it takes for a parent to obtain a Green Card through a U.S. citizen child varies based on several factors, including the volume of cases pending at USCIS and the relevant U.S. embassy or consulate. However, as immediate relatives, parents of US citizens are not subject to annual visa quotas, which means the process tends to be faster compared to other immigration categories. On average, the process can take anywhere from six months to a year, depending on the specific circumstances and how efficiently USCIS and consulates process cases.
Conclusion
Obtaining a Green Card through family relationships is a viable and relatively quick option for parents of US citizens. As immediate relatives, they have priority in the immigration process, not facing the same limits and waiting times as other family categories.
However, each case is unique, and it is essential to consult an immigration lawyer or specialist to ensure that all requirements are met and the process is handled correctly.
