If you are a U.S. citizen and have unmarried sons and daughters, you may be able to help them immigrate to the United States and receive U.S. lawful permanent resident, also known as a “green card”. This is true whether your son or daughter has never married or if they are divorced or widowed. Their grandchildren may also immigrate at the same time as their parent as long as they are under the age of 21 and unmarried. A successful application will be determined primarily on what relation the U.S. family member is to you. The closer your relationship, the more rights you have under U.S. immigration law.

Remaining Single

It is highly important that unmarried children remain single during the process. This is because they must not only qualify for the green card when the visa petition is first approved on your behalf, but up until when they are actually granted permanent residence — in fact, if they come from overseas, up until they actually enter the United States with your immigrant visa. In some cases, depending on the visa category, marrying will completely cancel the application process. In other cases, it will mean you drop into a lower eligibility category, and face years of delays. If the unmarried son or daughter marries while the application is being considered, do not attempted to conceal the change in status. This constitutes committing fraud in order to get a visa (i.e. by concealing one’s marriage) and can be grounds for removal from the United States.

US Citizens VS. Green Card Holders

U.S. citizens can bring more distant relatives than green card holders can — their parents and brothers and sisters, for example. Also, the U.S. citizens’ status means that their relatives are allowed, in many cases, to immigrate faster than lawful permanent residents’ relatives are. However, nobody regardless of how close the family relationship to someone in the U.S., goes straight from having no status to being an actual U.S. citizen. This status is reserved for people who have held a green card first — with the exception, in some cases, of people who have U.S. citizen parents.

Who Can Apply?

If you are a U.S. citizen and parent, you can apply for green cards for your unmarried sons and/or daughter, whether they are divorced, widowed, or have never been married. Your grandchildren may also immigrate with them at the same time if they are under 21 years of age and unmarried.

Unmarried Sons & Daughters Difficulties

If your unmarried sons or daughters are 21 or older at the time you sponsor them, it can be a lengthy process due to the limit on the number of person in this 1st preference category (“unmarried adult sons/daughters of US citizens”) who are allowed to immigrate. Under this category only 23,400 people are permitted to immigrate annually to the U.S. Currently there are over 280,000 people on the waiting list, which will be approximately 7 to 8 years. Due to the per-country quotas for people born in Mexico or the Philippines, the wait to immigrate is over 20 years for Mexico and 11 years for the Philippines.

If you wish to sponsor your unmarried sons and/or daughters for permanent residence, submit the following to USCIS:

• Form I-130 Visa Petition
• Proof you are a U.S. citizen
• Proof of your parental relationship
• Petition Process

Upon receiving your forms, supporting documentation, and filing fees, the USCIS will then review your petition. If your petition is approved, and the priority date reached, your unmarried sons and/or daughters, as well as their children, will then be interviewed. If they are approved after their interview, they will become lawful permanent U.S. residents.