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
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyNot until they become U.S. citizens.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYour 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can only apply for your parents after you become a U.S. citizen.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyTo 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
Find an EB-5 Visa Lawyer: Immigration AttorneyAn 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will need to wait until you become a U.S. citizen before applying for your parents.
Marisa Casablanca
Find an EB-5 Visa Lawyer: Immigration AttorneyOnly 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Robert West
Find an EB-5 Visa Lawyer: Immigration AttorneyYou must be a U.S. citizen to apply for a parent.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyCitizenship is required.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyIn order to file I-130 for your parents, you must be a U.S. citizen.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no visa category for parents of permanent residents. First, one must naturalize.
Mark AM Catam, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyYou have to be a U.S. citizen to petition your parents.
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