Exploring the Possibility- Can Conditional Green Card Holders Petition for Their Parents-

Can Conditional Green Card Holder Petition Parents?

In the United States, the process of obtaining a green card is a complex and lengthy journey. Conditional green cards, issued to individuals based on marriage or employment, come with certain stipulations and a two-year validity period. One of the most common questions among conditional green card holders is whether they can petition for their parents to join them in the United States. This article delves into the intricacies of this process and provides an overview of the requirements and considerations involved.

Understanding Conditional Green Cards

A conditional green card is a temporary residence permit granted to individuals who are married to a U.S. citizen or have a qualifying employment-based relationship. The conditional status is intended to protect both the immigrant and the U.S. citizen spouse or employer by allowing the government to monitor the relationship for the first two years. After this period, the conditional green card holder must file a petition to remove the conditions, which typically involves proving that the marriage is genuine and ongoing.

Eligibility for Petitioning Parents

Can conditional green card holders petition parents? The answer is yes, but with certain conditions. Conditional green card holders can file a petition for their parents to obtain a green card, but they must do so after the conditional status is removed. This means that the individual must first file Form I-751, Petition to Remove Conditions on Residence, and have it approved by the United States Citizenship and Immigration Services (USCIS).

Requirements for Petitioning Parents

To successfully petition for their parents, conditional green card holders must meet the following requirements:

1. Marriage to a U.S. citizen: The conditional green card holder must be married to a U.S. citizen and have a genuine and ongoing relationship.
2. Removal of conditions: The conditional status must be removed, which typically involves filing Form I-751 and proving the marriage is genuine.
3. Eligibility for family-based immigration: The parents must be eligible for family-based immigration, which means they must fall under one of the categories specified by U.S. immigration law.
4. Priority date: The conditional green card holder must have a priority date that is current, meaning there is an available visa number for their parents’ immigration category.

Process of Petitioning Parents

The process of petitioning parents for conditional green card holders involves the following steps:

1. Remove conditions: File Form I-751, Petition to Remove Conditions on Residence, and provide evidence of a genuine and ongoing marriage.
2. Approval of Form I-751: Once the petition is approved, the conditional green card holder’s status is converted to an unconditional permanent resident.
3. File Form I-130: File Form I-130, Petition for Alien Relative, on behalf of the parents, indicating their relationship to the conditional green card holder.
4. Wait for priority date to become current: The parents must wait until their priority date becomes current, which can take several years depending on the immigration category.
5. Finalize the green card process: Once the priority date is current, the parents can apply for an immigrant visa and eventually enter the United States.

Conclusion

In conclusion, conditional green card holders can petition for their parents to obtain a green card, but they must first remove the conditions on their own residence. The process involves meeting specific requirements and waiting for a priority date to become current. Understanding the complexities of this process is crucial for conditional green card holders who wish to bring their parents to the United States.