As the holidays approach, families are making plans to form new memories together, cooking, sharing gifts, and telling stories. However, many families live separated by borders and oceans. Parents long to see children and grandchildren, and children hope to help their parents as they age.
As of January 2019, there were an estimated 9.1 million permanent residents in the U.S. who were eligible for naturalization but had not yet applied. Naturalization is the process by which a permanent resident (green card holder) becomes a U.S. citizen, and it can make it possible to bring family members together in the U.S.
Permanent residents who are married to a U.S. citizen are eligible to apply for naturalization 90 days before the three-year anniversary of receiving their green card (approximately 2 years, 9 months after receiving the green card). The couple must have been living in continuous marital union for at least 3 years at the time the naturalization application is filed. Permanent residents not married to a U.S. citizen must wait until 90 days before the five-year anniversary of receiving the green card (approximately 4 years, 9 months).
The power of naturalization is most clear when an adult U.S. citizen brings a parent to the United States. For a permanent resident, there is no way to apply for a green card for a parent; the regulations simply do not allow it. However, once that green card holder becomes a U.S. citizen, not only may they apply for their parent’s green card, but their parent will not be subject to any green card backlog. Many green card holders aim to apply for citizenship as soon as they are eligible so that they have the opportunity to bring one or both parents to the United States.
For example, a U.S. citizen recently approached me for help bringing his 97 year old mother to the United States. She was living in a nursing home in Europe, and her son had learned that she was being physically mistreated. The son took quick action, preparing to care for her at his home in the U.S. As a U.S. citizen, he was able to apply for her green card immediately. We worked with the Department of State and a member of Congress to expedite every step of the case. Four months after we filed the first step of her green card application, she received her immigrant visa, and she was able to come to the U.S. as a permanent resident. If her son had been a permanent resident, this success story would not have been possible.
While green card backlogs change, these are the current backlog times for green card applications filed by a U.S. citizen or lawful permanent resident. If the relative being applied for is a citizen of China (mainland born), India, Mexico, or the Philippines, wait times may be longer. Wait times for relatives who are citizens of any other country are listed below:
Parent
Permanent resident: Not eligible to petition for green card
U.S. citizen: No backlog if U.S. citizen is age 21 or older
Spouse
Permanent resident: Approximately 4 years, 10 months
U.S. citizen: No backlog
Unmarried child under age 21
Permanent resident: Approximately 4 years, 10 months
U.S. citizen: No backlog
Married son or daughter age 21 or over
Permanent resident: Not eligible to petition for green card
U.S. citizen: Approximately 14 years, 11 months
Brother or sister
Permanent resident: Not eligible to petition for green card
U.S. citizen: Approximately 16 years, 8 months if U.S. citizen is age 21 or older
In immigration, there is an exception to every rule. The current backlog for U.S. citizens applying for adult unmarried sons and daughters is actually slightly longer than that for permanent residents. Backlogs are always in flux, and this is subject to change.
Unmarried son or daughter age 21 or over
Permanent resident: Approximately 8 years, 4 months
U.S. citizen: Approximately 8 years, 11 months
U.S. citizenship provides a significant advantage to people looking to apply for permanent residence for their parents, spouses, or unmarried children under age 21. Citizenship also makes it possible to apply for a married adult son or daughter or sibling, although wait times are lengthy for these categories. For more information on current backlogs, including wait times for citizens of China (mainland born), India, Mexico, or the Philippines, see the Department of State’s Visa Bulletin at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.
Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.
Vance Berry, Principal Attorney
Photo credit: Daria Obymaha