What Family Members Can Apply For a Green Card If You Have One?

What Family Members Can Apply for a Green Card If You Have One

For green card holders, one of the most rewarding aspects of permanent residency is the ability to sponsor family members to join you in the United States. However, it’s essential to understand the rules and limitations associated with familial green cards. While U.S. citizens enjoy broader sponsorship privileges, lawful permanent residents (green card holders) have specific restrictions on who they can petition for. Alvelo Immigration Legal Solutions, PLLC, will outline who you can and cannot sponsor for a green card as a permanent resident and how the sponsorship process works. Read on to get clear guidance on family-based green cards and ensure your immigration goals are on track.

Who Can You Sponsor?

If you hold a green card, your options for sponsorship are limited to the following family members.

1. Spouse

Green card holders can sponsor their spouses to become lawful permanent residents in the United States, regardless of their spouse’s age. This ensures that families can build their lives together on U.S. soil. It’s important to note that processing times vary, so filing as soon as possible can help avoid delays.

2. Unmarried Children Under 21

Children under the age of 21 who are unmarried are eligible for green card sponsorship by a green card holder parent. This provision is especially beneficial for young families who want to ensure their children can benefit from the opportunities available in the United States.

3. Unmarried Children 21 or Older

Even if your children are over the age of 21, you can still sponsor them for a green card as long as they remain unmarried. However, keep in mind that this category often experiences longer processing times due to lower visa preference within the family-based immigration system.

Who You Cannot Sponsor

Unlike U.S. citizens, green card holders cannot sponsor all relatives for green cards. Below are the family members you are unable to sponsor.

1. Parents

Only U.S. citizens are eligible to sponsor their parents for green cards. Green card holders are not authorized to petition for their mother’s or father’s immigration.

2. Siblings

If you’re a green card holder, you cannot sponsor your siblings for a green card. Family-based immigration preferences allocate sibling sponsorship specifically to U.S. citizens.

3. Married Children

While green card holders can sponsor their unmarried children, they are not allowed to petition for married children, regardless of age.

4. Other Relatives

Green card holders also cannot sponsor extended family members such as grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or in-laws. These categories are not eligible for green card sponsorship under U.S. immigration law.

How to Sponsor a Family Member

Sponsoring a family member for a green card involves several important steps. Here’s what the process typically looks like.

Filing the Petition

The first step in sponsoring your family member is to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between you and the relative you are sponsoring. Key documents needed:

• Proof of your permanent residency (a copy of your green card).
• Evidence of your familial relationship (e.g., marriage certificate for a spouse, birth certificate for children).
• Supporting documentation to confirm your family member’s identity and eligibility.

Adjustment of Status or Consular Processing

Once the I-130 is approved, the next step depends on the location of your family member.

1. Adjustment of Status (if your family member is already in the U.S.): They can apply for their green card without leaving the United States by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
2. Consular Processing (if your family member is outside the U.S.): Your family member will complete their application at a U.S. embassy or consulate in their home country. Once approved, they will receive a visa to enter the United States as a permanent resident.

Why You Should Work with an Attorney

Immigration cases, even family-based ones, can be complex and time-sensitive. Working with a skilled attorney can make all the difference in ensuring your application is complete, accurate, and well-handled. Attorney Wanda Alvelo is a seasoned immigration lawyer who has dedicated over a decade to helping families achieve their immigration goals. Her bilingual fluency in Spanish and English ensures clear and effective communication with clients from diverse backgrounds. Attorney Alvelo brings a personalized approach to every case, leveraging her industry knowledge to resolve even the most complicated immigration challenges. Whether you’re just beginning the sponsorship process or dealing with unexpected hurdles, Attorney Alvelo and her team at Alvelo Immigration Legal Solutions, PLLC, are here to guide you every step of the way. Contact Alvelo Immigration Legal Solutions, PLLC, today to schedule a consultation and take the first step toward bringing your family together in the United States.