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Is it possible to petition in in-laws if i am a US citizen from the last 5 years and my wife is a green card holder?

Woodstock, GA |

I got married 1.5 years ago. I am a US citizen from the last 5 years and my wife is a green card holder. Can i sponsor my in-laws? If yes, how long would the procedure take?

Attorney Answers 2


No. Your wife needs to naturalize. Once she is a U.S. citizen, she can file petitions for her parents. You could invite them for a visit, but for them to immigrate they must be petitioned for by their daughter. There may be other options available, but you'd need to consult with a knowledgeable immigration attorney.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

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Our current immigration legal system establishes eligibility based upon statutorily-listed categories. In family-based immigration, there is no recognized category for a U.S. citizen to sponsor an in-law, or for a Lawful Permanent Resident (holder of a 'Green Card") to sponsor a parent. When your wife becomes eligible to naturalize (for a spouse of a U.S. citizen eligibility usually is triggered two years and nine months following issuance of a "Green Card"), she then will become able to petition for her parents in the Immediate Relative category, and if her parents lawfully are in the U.S. at that time, this can be accomplished through the Adjustment of Status process -- in the USCIS District covering Georgia, such cases are now taking about 4 - 5 months.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404-320-7000 * 1-877-232-5352 *

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