TIP: Obtaining Residency For Parents

Immigration regulations allow U.S. citizens to sponsor their parents for “Green Cards”, while Permanent Residents cannot. For parents of U.S. citizens who are inside the U.S., it does not even matter if the parent is in legal status, as long as the parent entered the U.S. legally (has an expired I-94 card) or is eligible under 245(i). Parents are in the special immigration category called “Immediate Relatives” (which includes Spouses and Minor children of U.S. Citizens as well), which gives them preference over other family immigration relationships. The only drawback of this category is that it is only for the individual parent and does not include any dependants, such as spouses or minor children. Therefore, if the parent has a spouse who is not considered to be your parent (for immigration purposes**see below), he or she would not be able to immigrate along with the parent. The same is true of any minor children a parent (your brother or sister). This is a harsh rule which often causes difficult choices for parents of U.S. citizens. One option for parents abroad who have minor children (or a spouse) is for them to obtain F-1 student visas for their minor children (or spouse) before immigrating to the U.S. In that way, both the parent and his or her child (and/or spouse) can be in the U.S. together. Once the parent obtains a Green Card, the parent can then sponsor his or her children and if applicable, a spouse.
**Step-parents are considered to qualify as “parents” for immigration purposes, as long as the step-parent relationship was established before the child (now U.S. citizen) reached the age of 18.

IMMIGRATION Q&A

Question: I am married to a U.S. Citizen and I recently got my conditional residency (Green Card) through my marriage.  I have a 24 year old son in Jamaica. Can I sponsor him now with my conditional residency, or do I need to wait until I get the permanent Green Card?

Answer: During the two-year period of conditional residency, an individual has all the rights of a permanent resident, including the ability to file immigrant petitions for qualifying family members.  Qualifying family members would include any unmarried children. For minor children, the waiting line is about five years and for adult unmarried children over age 21, the wait is about eight years. However, if the conditional resident’s U.S. Residency is ultimately denied later, any permanent residency petitions for eligible beneficiaries sponsored by the conditional resident would be invalidated. Therefore, be sure that you fully document your continuing marriage, since you’ll need to file the “Removal of Condition” application in one year and nine months from the date you obtained your “Conditional Residency”. Documentation includes JOINT: Tax Returns, regular Bank Checking accounts, auto insurance, etc. For a complete list of document, call my office or email me and we will forward it over to you. One of the most common mistakes in filing for Removal of Condition is not providing the USCIS with the proper documentation for approval.

Question:  I have a question about my young granddaughter. As a naturalized U.S. Citizen, can I apply for a Green Card for my eight year old granddaughter? Her mother (my daughter) recently passed away and she is living with my sister in Jamaica. Her father is nowhere to be found and he never had any real contact with the child. I am just so worried. It is a tragic situation and I pray to God that I can help the little girl to bring her here to a loving home. I am even considering moving back down to Jamaica just to take care of her, but I’m afraid that I might lose my U.S. Citizenship.

Answer:  I’m so sorry to hear about your daughter and the sad situation with your granddaughter. I know it cannot be easy, and it is harder because you are so far away. Unfortunately, though, U.S. Citizen and Permanent Resident parents can only sponsor their own children. There is no special category for grandparents to sponsor grandchildren. While as a U.S. Citizen you can go to live in Jamaica to take care of her (and will not risk losing your citizenship), it may be possible to bring the child up here on an F-1 student visa. The main requirements are that the child must attend a private school (which issues a special form I-20 for immigration purposes). Once application and acceptance is made with the private school, a special consular package is prepared for you to take to a Consular appointment to have the Student Visa issued at the U.S. Embassy in Kingston. The package would include documentation to prove that you (or another sponsor) could pay for the child’s tuition and living expenses during her studies in the U.S. Once the visa is issued, she will be able to live in the U.S. as long as she continues to be enrolled in private school. I hope this is helpful to you.