Can a Green Card Holder Petition a Parent in California?
The fabric of the United States is woven with stories of families coming together from across the globe. Family reunification remains a cornerstone of U.S. immigration policy, offering various pathways for loved ones to join each other in the country. This blog post delves into a common question among California residents: Can a green card holder petition a parent to join them in the United States?
Understanding the Basics
Before we dive into specifics, let’s clarify a few key terms. A “green card holder” is a lawful permanent resident of the U.S., someone granted authorization to live and work in the country on a permanent basis. To petition a parent means applying for immigration permission for a parent to join you in the U.S.
The U.S. immigration system classifies relatives as either immediate relatives or under preference categories, which affects the process’s speed and requirements—especially when dealing with a family member of green card holder status.
Eligibility Requirements
The ability to petition family members to immigrate to the U.S. is a privilege that varies significantly between green card holders and U.S. citizens. Immediate family members of U.S. citizens, including parents, spouses, and unmarried children under 21, have priority and are not subject to quota limitations. However, the situation is different for green card holders.
Can Green Card Holders Petition Parents?
Here’s the crucial point: green card holders cannot petition their parents to join them as immediate relatives. This option is reserved for U.S. citizens. Under immigration law, only citizens can submit a green card petition for parents under the immediate relative category, which allows for a faster and more straightforward process.
If you’re wondering, can a green card holder petition a parent or can green card holder apply for parents, the answer is unfortunately no—not until you become a U.S. citizen. The phrase green card holder can petition parents may seem straightforward, but legally, it does not apply until naturalization is complete.
Alternatives and Solutions
For green card holders looking to reunite with their parents in the U.S., the first step might be to pursue U.S. citizenship through naturalization. Upon becoming a citizen, you can then petition for your parents to immigrate. The naturalization process involves meeting residency requirements, passing a citizenship test, and fulfilling other criteria set by U.S. Citizenship and Immigration Services (USCIS).
Legal Pathways for Parents
While the direct route may not be available yet, there are still other options. Depending on their situation, your green card holder parents may be eligible for a visitor visa, student visa, or potentially a work visa. While these are not permanent solutions, they could allow temporary visits while you prepare for citizenship.
Consider US Citizenship
While green card holders face limitations in petitioning parents directly, becoming a U.S. citizen opens up this possibility. The journey towards family reunification may seem long and fraught with legal complexities, but the outcome—bringing your loved ones to share in your life in the U.S.—is undeniably worth the effort.
North County Immigration is Here to Help!
If you’re wondering can a green card holder petition a parent or if you’re ready to start the naturalization process to bring your parents to the U.S., we’re here for you. Contact the immigration team at North County Immigration today to explore your options and start the journey toward bringing your family together in the United States.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.