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Green Card Parents Petition Son

Green Card Parents Petition Son

This article will explain how the green card parents petition son process works. We will also address the commonly asked question of can a green card holder file for her son. If you are a US citizen or a green card holder, the Immigration and Nationality Act allows you to sponsor a green card for your son. Depending on your son’s marital status and age your immigration status in the United States, your son may qualify for an immediate relative green card or for a family-based second preference green card.

Your son’s age and marital status can affect the type of green card your son is eligible for. If you would like to start your green card parents petition son process, make sure to submit all documents necessary to prove your son’s eligibility for a green card. If you would like to obtain advice regarding your green card for son case, please contact our family-based immigration lawyers who can review your case and provide an immigration strategy tailored to you and your family’s circumstances.  

This article will help answer your questions regarding the green card parents petition son process. These questions include: “Can a Green card holder file for her son?”, “Can a green card holder petition a son?”,  “Can a green card holder sponsor his son?”, among others. 

When starting the process to petition for your son’s green card, you must make sure that your son is viewed as your child under the Immigration and Nationality Act. You can file a petition for your son if he is your biological son, your step-son (as long as the marriage creating the step-son relationship occurred before your son’s 18th birthday), or adopted son (as long as the adoption occurred before your son’s 16th birthday). 

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Green card for son FAQ

Can a green card holder file for her son?

If you are wondering can a green card holder file for her son, the answer is yes. A green card for son of green card holder is possible as long as your son is not married. A petition for son of green card holder is placed in the F2 second preference family-based category which is used for spouses and children of green card holders.  If you are filing a petition for son of green card holder and your son is under 21, then your petition will be placed into the F2A visa preference category. The F2A category is reserved for spouses and unmarried children under 21 of green card holders. 

If you are a green card holder filing for a son over 21, your son cannot be married to be eligible for a green card based on your petition. A petition for son of green card holder when the son is over the age of 21 falls into the F2B preference category. The F2B category is reserved for  unmarried children over 21 of green card holders. If your son is married, your application for green card for son of green card holder cannot be approved. 

However, if you are wondering can green card holder apply for married son, there is another option at your disposal. After 5 years of having a green card and being a permanent resident, you may apply for naturalization. As a naturalized US citizen you will be able to sponsor your son in the F3 category reserved for married children of US citizens.

Can a green card holder sponsor his son? 

It does not matter whether the sponsoring parent is a mother or father. You can file your petition for son of green card holder as long as your son is unmarried. 

Can green card holder apply for married son?  

The green card parents petition son process cannot be started for a married son. Only unmarried sons are eligible for a green card sponsored by a green card holding parent. A petition for son of green card holder for a married son may only be filed after the parent becomes a US citizen after naturalization. So if you are wondering can a green card holder apply for married son, the answer unfortunately is no. 

Can a green card holder file for her son if he is born out of wedlock?

If you were not married at the time your son was born, he is considered “a child born out of wedlock” for immigration purposes. A son born out of wedlock can prove the parent-child relationship to his green card holding mother by showing his birth certificate. However, if you are a father trying to apply for a green card for a son born out of wedlock, you may have to provide additional documents to prove your son is eligible for the green card parents petition son process. 

Can a green card holder sponsor son if he was adopted?

If you adopted your son before he turned 16, and he has been in your custody and living with you for at least two years, you can generally apply for a green card for your adopted son.

Can green card holder file for her son if he is her stepson?

If you married your spouse before your stepson turned 18, you can apply for a green card for your son even if he is your stepson.

How to apply for a green card for my son?

Three things are critical when determining the best strategy for your son green card process: 

  1. Your immigration status – If you are a US citizen, your son may qualify for an immediate relative petition, but if you are a green card holder, you will have to apply for a green card for your son through the preference system.
  2. Your son’s age – If your son is over 21 years of age, he will fall into a different immigrant visa category than if he is under 21.
  3. Your son’s marital status – If you are a green card holder and your son is married, you will not be able to obtain a green card for your son because there is no immigrant visa category for sons over the age of 21 who are married.  

Immediate relative green card petition for son

If you are a US citizen petitioning for your son who is unmarried and is under the age of 21, he is considered your immediate relative and is eligible for a green card in the immediate relative category. The immediate relative category has a lot of benefits because there are no caps on the amount of green cards issued in this category. This means that your son will not have to wait in the long backlogs to obtain a green card. To learn more about the immediate relative category, visit our article that discusses the green card for child categories.

Green card for unmarried son over 21

If you are a US citizen, you can sponsor a green card for your son over 21 years of age. These cases are placed in the F1 family-based first preference visa category. Due to the large quantity of F1 category green card petitions filed every year, the typical wait time for a F1 green card is approximately 8 years. For more information about these backlogs, visit the Visa Bulletin which is released every month. 

Green card for son over 21 and married son

If you are a US citizen, you can sponsor a green card for your son over the age of 21 whether or not your son is married. A green card petition for a married daughter over 21 falls in the F3 family-based third preference category, which is reserved for married children of US citizens. The F3 category currently has a wait time of approximately 13 years. If your daughter is born in the Philippines or Mexico, this wait time may be longer than 20 years. 

Can a green card holder file for her son

If your main concern is can a green card holder file for her son, the answer is yes. A green card parents petition son process can be started for an unmarried son. The main question is whether your son is over the age of 21. If your son is under 21,  the petition for son of green card holder will fall into the F2A category. The F2A visa category has some of the shortest backlogs from all the preference categories. If you are filing a petition for son of green card holder over the age of 21, then your case will fall in the F2B category. The F2B category is for the unmarried children over 21 of green card holders. The wait time for F2B category green card cases is approximately 6 years. 

Step by step green card for son process

If you would like to know what the green card parents petition son process entails, below you can find a step-by-step explanation of the process that will help you secure a green card for your son.

Step 1: You, the US citizen or green card holder, files an immigrant petition to sponsor your son. You will do this by submitting Form I-130, Petition for Alien Relative with USCIS. In addition to the forms, you will also submit all evidence necessary for USCIS to process your case.  

Step 2: Your son waits for a green card to become available. If you have submitted an immediate relative petition for your son, then a green card will immediately be available for your son. However, if you filed for your son under one of the preference categories, such as if you filed a petition for son of green card holder, then your son will have to wait until his priority date becomes current on the Visa Bulletin

Step 3: Your son applies for a green card. When you son’s priority date becomes current on the Visa Bulletin, your son can apply for his green card.  If your son lives outside of the United States, he will apply for an immigrant visa through the National Visa Center by submitting Form DS-260 If your son lives in the United States and is in valid status when his priority date becomes current, he will apply for adjustment of status process by filing Form I-485, Application to Adjust Status

Step 4: Your son attends his immigration interview. If the immigration officer approves your son’s green card application, your son will be issued a green card. 

Step 5: Once the application is approved, your son will be mailed his green card to the US address listed on his application. 

Green Card for Son Immigration Services

Are you wondering about how green card parents petition son or can a green card holder file for her son? Our family-based immigration team has the required experience helping parents petition for their son’s green card to help in your case. 

To schedule a consultation with our family-based immigration attorney, please click here and click on “Schedule a Consultation.” You can also email us at [email protected], or call us at (212) 220-6652.

During your consultation, our family-based immigration lawyer will provide an honest assessment of your case, and a recommendation about your next steps.

I offer confidential 30 minute & 1 hour consultations.

Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.