Pitfalls When Sponsoring a Parent for a Green Card, Updated
Editor’s Note: this post was originally published in April, 2019 and has been completely updated for accuracy and comprehensiveness.
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
In addition to all of the possible issues that can come up when sponsoring any relative for a green card (see our blog post “Why you need a lawyer for your marriage-based green card case” dated May 24th, 2018), there are a number of things to watch out for when sponsoring a parent specifically.
1. You must be a U.S. citizen to sponsor a parent for a green card.
A common misconception is that a lawful permanent resident can sponsor a parent for a green card. That is not the case. You must first obtain U.S. citizenship in order to sponsor your parent.
2. A lawful entry to the U.S. is generally required for someone residing in the U.S. to be eligible to obtain a green card.
Commonly a parent of a U.S. citizen entered the U.S. many years ago, without a visa. In this scenario, that parent is not eligible for a green card through sponsorship by a U.S. citizen child, unless they can prove substantial hardship to a qualifying U.S. citizen or permanent resident relative. Because a child is not considered a qualifying relative, this is impossible in many cases.
If this is true for your parent, then there may be another way for them to get their green card.
3. If your parent entered the U.S. lawfully as a visitor, but has only been here a short time, their intent at entry will be scrutinized.
Entering the U.S. with a visitor’s visa with the intent to remain permanently can be considered visa fraud. In this internet age, the U.S. government has access to more information than ever about a green card applicant, including social media accounts. It is important to consult an experienced immigration attorney to ensure that there is no indication of a misrepresentation at the time of entry.
4. Immigration officers now have more discretion in deciding whether to approve a green card application, and are directed to consider all possible factors including prior immigration violations, history of education and employment in the US, and current US investment or property ownership.
This may make the process more challenging for an elderly parent of a US citizen who has possibly overstayed a visa in the US and has never worked or owned property in the US.
How can Hurtubise Weber Law help? We have extensive experience representing U.S. citizens who sponsor their parents for green cards.
Contact us for a free 15 minute phone call to learn more about the process: theteam@huwelaw.com or 415-496-9040.