QUESTION
Can I apply for a green card for my family if I am a green card holder but they entered the US legally but overstayed?
Asked on Sep 30th, 2012 on Immigration - California
More details to this question:
I’m a permanent resident for 2 years and I’m going to apply for US citizenship when my time comes which will be in next 3 years. My family were here for at least 7 years, they entered America on Student and Visitor visas, but now their visas are expired and I have intention for apply them to stay here legally. I checked on USCIS website and see that I could only apply for husband/wife or unmarried child(ren) with my status, but as a US citizen, I could apply for my family as well. I talked to a friend and he told me I could just go ahead and apply for my family while I’m a permanent resident and keep waiting until I become a US citizen. His point is immigration will love to have all illegal aliens who already in US become legal and stay here and pay taxes which is kind of make sense to me. But then I don’t want to stir the problem. What if immigration comes to my house and takes my family because I’m telling them that my family are here illegally? Also my family doesn't want to hurt my becoming a US citizen as well. I just want some suggestions, should I go ahead and apply my family or wait at least 3 years to apply my family with less risk to hurt my family and myself?
5 ANSWERS
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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There are so many factors involved which may prevent different members of your family from adjusting. Your spouse and minor children have an automatic priority if you are a petitioning citizen, but otherwise other family members may or may not be eligible to adjust status in the United States.
Answered on Oct 03rd, 2012 at 12:45 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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You are right, as a permanent resident, you cannot file a petition for your parents or siblings. There are just no visa categories for them. Wait until you become a naturalized citizen before you petition them.
Answered on Oct 02nd, 2012 at 10:21 PM
Rebecca T White
As a US citizen your parents would be immediate relatives, but no other family members would be. So as a US citizen you may file immigrant visa petitions for your parents if they entered lawfully but then overstayed. But other family members would need a different course of action. I suggest you set a consultation prior to the time when you file for naturalization.
Answered on Oct 02nd, 2012 at 10:18 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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As a permanent resident, you can ONLY apply for your spouse and unmarried children. Any other application by you will be rejected by the USCIS.
Answered on Oct 02nd, 2012 at 10:13 PM
NO, you cannot apply for anyone other than spouse and children as a green card holder. Additionally, even once you become a US citizen, the only members of your family that will be able to adjust status within the US will be your parents and any children under the age of 21. Siblings, although they may have entered the US lawfully, now that they have overstayed, are not eligible to adjust status within the US except on the basis of an immediate relative petition which would be a petition filed by a child, spouse or parent for child under 21.
Answered on Oct 02nd, 2012 at 10:08 PM