U.S. Citizens and Green Card Holders Petitioning for Children, Parents and Sibling Green Cards
U.S. Citizen Petitioning Rights
U.S. Citizen Parents Petitioning for thier Children’s Green Cards
Parents are eligible to petition for their children (the children must be under 21 years old) to be considered an Immediate relative. If the child is over 21 years then not considered an immediate relative (either 1st preference category or 3rd preference category depends on whether married); will need to wait for a visa number to become current in order to adjust status.
U.S. Children Petitioning for thier Parent’s Green Cards
U.S. citizen son/daughter must be 21 years or older before they are eligible to petition for their parents.
Once the U.S. citizen son or daughter is 21 years or older, the U.S. Citizen’s parent is considered to be an immediate relative. If you are deemed to be an immediate relative then you do not need to wait until your visa number becomes current in order to adjust your status, you can adjust your status immediately.
If parents are residing inside the United States, then you can file the application to register permanent residence or adjust status, without parents departing the United States (caveat: you must have been inspected and admitted to the U.S. when you entered to adjust status inside the U.S.).
If parents are outside the United States, then once the Petition for Alien Relative is approved inside the U.S. the parent will consular process at the U.S. consulate where they reside.
U.S. citizen STEP- son/daughter can petition for their Step-parent, provided the STEP- son/daughter was under 18 years old when step-relationship was created.
Lawful Permanent Resident Petitioning Rights
Green Card Holders Petitioning for Spouse & Unmarried Children Petitioning
If you are a Legal Permanent Resident (LPR aka Green Card holder) you can only petition for your spouse and unmarried children or son/daughter.
However the spouse and/or child will not be deemed to be an immediate relative, and thus must wait for a visa number to become current before being able to adjust their status – there is a waiting period of approximately three years). A Lawful Permanent Resident can petition for their unmarried son/daughter (21 years or older). They must also wait for their visa number to become current before being able to adjust their status; there is a waiting period of approximately of eight years.
Siblings Of U.S. Citizens
U.S. citizens can petition for their siblings (4th Preference Category), however, they will not be deemed to be an immediate relative, and thus must wait for a visa number to become current before being able to adjust their status.