To immigrate a green card holder's parents to the United States, they must get green cards for their parents first. In addition, holders of green cards cannot petition for anyone other than their spouse or unmarried children under 21.

However, if a child who is a U.S. citizen is over the age of 21, he or she may submit immigrant visa petitions on behalf of his or her parents if:

The parent would be an immediate relative (not subject to annual numerical quotas) if s/he were still residing in another country; and

  • The green card holder child files an immigrant visa petition at least simultaneously with Form I-130 (Petition for Alien Relative); and
  • The green card holder child has previously filed Form I-130 and/or Form I-600 (Petition to Classify Orphan as an Immediate Relative); and
  • All petitions filed by the green card holders are still pending with USCIS during the visa interview.

The parent is the green card holder child's natural mother, natural father, or adoptive parent; or

  • The green card holder child must show that he or she acquired citizenship through his or her parents. This would require showing that while s/he was under 21 years old, one of his/her parents adopted him/her to become a citizen, and then s/he lawfully immigrated to the U.S. through that parent's citizenship; and
  • The green card holder child must show that his or her parents (the U.S. citizen and green card holder) immigrated to the United States before he or she turned 21 because USCIS will not accept green card holder children's petitions for their parents if they were an adult when they immigrated to the U.S.; and
  • All green card holders' visa petitions (I-130 and I-600 or I-800) must be approved before a consular officer at a U.S. Embassy or Consulate may approve the immigrant visa petition filed by the U.S. citizen's son/daughter on their behalf.

For people who are trying to immigrate their green card holders' parents to the United States, green card holders must be legal U.S. citizens on green card holders' immigration paperwork. Green cards are green-colored identification cards that show proof of a person's lawful presence in the United States.

This will also depend on which green card holder immigrants their parents to the United States. Children who have green cards cannot immigrate to their parents until they have green cards themselves.

How Can Parents Go to The U.S.?

  • Parents need visas to come into the United States, and this process can take some time, depending on how quickly they are approved for U.S. entry by USCIS.
  • Parents would first have to apply through DHS for an immigrant visa with USCIS; after this step, they would have to wait outside the U.S.-Mexico border or overseas for their green card to be sent.
  • Parents must wait outside the U.S.-Mexico border until an immigrant visa number is available. If parents are being sponsored from overseas, they must stay at the U.S. Embassy or Consulate serving their country of citizenship or legal residence until a green card is available.
  • Parents may first apply for green cards through DHS' Form I-130 (Petition for Alien Relative). After this petition is approved by USCIS, it must also be approved by the Department of State before a green card can be issued.
No green card holders can immigrate their children who hold green cards because green card holders cannot petition anyone other than spouses and unmarried children who are under 21 years old.

Green card holders can immigrate their green card holders' spouses and unmarried children under 21 years old because green card holders are lawful permanent residents of the United States, not citizens.

Understanding How the Green Card Works

People who might be trying to immigrate to green card holders' parents need green cards themselves for green card holders' parents to benefit from their immigration efforts. Green cards are green-colored identification cards that show proof of a person's lawful presence in the United States.

Those who do not have green cards must wait until they get green cards before they can file petitions to bring family members into the U.S. Parents cannot benefit from their child's immigration efforts unless they currently hold green cards or want to apply for them using either DHS' Form I-130 (Petition for Alien Relative) or the U.S. Department of State's green card application process.

Who Is Eligible for a Green Card in the U.S.?

Green cards are green-colored identification cards that show proof of a person's lawful presence in the United States. This is a green card, which allows an immigrant to live and work permanently in the U.S.

A green card is issued by the Department of Homeland Security (DHS) as permanent evidence of a person's status as a lawful permanent resident of the United States. Green cards may also be used as evidence of employment authorization and identity when applying for jobs or other purposes.

All green cards have an expiration date - this is not a defect! Like passports, green cards expire after a specific time because DHS believes it would be too risky to give someone a valid green card until 2050.

For green cards issued before 1989, holders must renew them every 10 years. Green cards published between 1989 and 2012 need not be restored but will expire eventually.

Who Can and Can't Migrate?

Green card holders cannot immigrate their green card holder spouses and unmarried children under 21 unless green card holders file for them on DHS' Form I-130 (Petition for Alien Relative).

Children of green card holders only become citizens if they immigrated or had parents who immigrated on a visa available to immediate family members through the U.S. Department of State's green card application process after Sept 30, 2000.

Married children of U.S. green card holders sponsored by U.S. green card holder spouses are eligible to immigrate as green card holder spouses, green card holder unmarried children under 21, or green card holders through the U.S. Department of State's green card application process.

Parents of green card holders are not green-card eligible because green cards can only be issued to green-card-qualified people who have either filed for green cards on DHS' Form I-130 (Petition for Alien Relative) or immigrated with visas available to immediate family members through the U.S. Department of State's green card application process after Sept 30, 2000).

Green card holders cannot immigrate their spouses and children because they can only be issued to parents who hold green cards unless they file for them on DHS' Form I-130 (Petition for Alien Relative).

For more information, you may ask or consult with Houston immigration lawyers.