Very often, the topic of immigration is raised. Here is one of the most popular questions posed: “Do you Have to be a U.S. citizen to file a petition for parents?”
Answer: Yes, you must be a U.S. citizen to file a family petition for your parents.
Unfortunately, the relatives you can petition differ depending on whether you are a U.S. citizen or a green card holder. U.S. citizens can file petitions for more types of relatives than green card holders can. In addition, some relatives of U.S. citizens do not have to wait for priority dates before their applications can be processed. In most cases, a U.S. citizen will be able to petition a relative more quickly than a green card holder can. However, there is one notable exception for Filipinos, which I will discuss later.
The most important petitioning benefit for U.S. citizens is the ability to get green cards for “immediate relatives” without being subject to priority dates or visa quotas. Immediate relative petitions are processed right away and are not subject to the lengthy waits of the priority date system. “Immediate relatives” of a U.S. citizen include the citizen’s parents (if the citizen is at least 21 years old), spouse, and unmarried children under 21 years old.There is a downside to immediate relative petitions, however. A U.S. citizen can only file an immediate relative petition for the relative and not the relative’s spouse or unmarried minor children. In most immigration petitions, the spouse and minor children of the relative being petitioned are included in the petition. They are known as “derivatives” under the immigration laws. Immediate relative petitions, however, do not include derivates.
For example, if a 21-year-old U.S. citizen files petitions for both of his parents, the parents will not be allowed to bring their 18-year-old daughter (the petitioner’s sister) with them. The daughter must be petitioned separately, either by the parents once they receive their green cards, or by the citizen in a separate petition (which is subject to a current priority date that is over 22 years ago).U.S. citizens can petition other relatives, but they are not processed immediately. Petitions can also be filed for children over 21, both married and single, and for siblings, but these petitions are subject to the quota system for green cards.
These relatives must wait until their priority date becomes current before he or she can get a green card. However, these relatives are allowed to bring their derivative family members. For example, if a U.S. citizen files for his married son in the Philippines, the son’s wife and unmarried minor kids will get green cards at the same time when the son’s priority date becomes current.Green card holders have more limited petition options. They can only file petitions for spouses and unmarried children. Both of these types of relatives are subject to the quota system, and they must wait for a current priority date before immigrating.
There is no “immediate relative” classification for green card holders. However, there is one benefit to being a Filipino green card holder over a U.S. citizen: it is actually faster for green card holders to petition an unmarried child over 21. The current priority date for single adult Filipino children petitioned by green card holders is in 1996, while the same category of children petitioned by U.S. citizens is in 1992. Visas should be available faster for single children of green card holders than for single children of U.S. citizens.
What happens if a green card holder petitions an unmarried adult child but then becomes a U.S. citizen? Your child can request to retain the status of a child of a green card holder by writing the U.S. Citizenship and Immigration Services office in Manila. Understanding the complexities of family petitions can be difficult. It is always advised to consult an experienced attorney to assist you in bringing your relatives to the United States.
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