I became a conditional permanent resident of the U.S. last year under EB-5. I would like to help my parents get U.S. residency through family-based visa categories. Can I apply now or do I need to wait until I become a permanent resident or citizen?
Answers
Julia Roussinova
Immigration attorneysYour parents may immigrate as your immediate relatives only when you become a U.S. citizen. Otherwise, they need to find their own basis to immigrate to the U.S. For example, one parent may file his or her own EB-5 and include a spouse as a derivative.
A Olusanjo Omoniyi
Immigration attorneysYou can apply for your parents during your permanent residency or wait until you naturalize. Advisably, consult an immigration attorney if you need to discuss timing and other issues.
Bernard P Wolfsdorf
Immigration attorneysYou can only apply for your parents after you become a U.S. citizen.
BoBi Ahn
Immigration attorneysTo petition for parents to reside in the U.S. as lawful permanent residents, you must a U.S. citizen (and over 21 years of age).
Charles Foster
Immigration attorneysAn EB-5 investor who acquires her lawful permanent residency can sponsor her parents only after they have applied to become naturalized citizens five years after the date they acquire their conditional lawful permanent residency. Once you are a U.S. citizen you can sponsor your parents as immediate relatives and they may apply quota-free.
Salvatore Picataggio
Immigration attorneysYou will need to become a citizen first. Fortunately, your conditional residency counts toward the five years required before you are eligible for citizenship.
Lynne Feldman
Immigration attorneysYou need to wait until you become a citizen unless you can secure a job offer for one of them and have them go the employment route.
Blake Harrison
Immigration attorneysYou will need to wait until you become a U.S. citizen before applying for your parents.
Marisa Casablanca
Immigration attorneysOnly U.S. citizens are allowed to petition for their parents. You would have to wait for five years after receiving your conditional permanent residency to apply for your citizenship.
Mitch Wexler
Immigration attorneysYou need to wait until you are a U.S. citizen to apply for a green card for your parents. They will then be considered "immediate relatives," which has no quota. The process, though, can take the better part of a year. You can apply for U.S. citizenship four years and nine months from being accorded conditional green card status, assuming you meet the physical presence requirements.
Jinhee Wilde
Immigration attorneysIn order to file I-130 for your parents, you must be a U.S. citizen.
Stephen Berman
Immigration attorneysThere is no visa category for parents of permanent residents. First, one must naturalize.
Mark AM Catam, Esq
Immigration attorneysYou have to be a U.S. citizen to petition your parents.
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