Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

How long will it be before my parents and brothers can immigrate here?

Question:

I am originally from the Philippines and recently became a U.S. permanent resident. My parents and my brothers (who are unmarried and under age 21) would like to join me here. Can I petition for them to get green cards? Or, should I advise them to apply for visitor visas instead, and to return home to the Philippines afterward?

Answer:

Immigration law will not let you file for a green card for your parents or brothers now -- unless you become a U.S. citizen. Depending on how you got your green card, your eligibility for U.S. citizenship is three to five years away. (For more information, see Nolo's Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview.)

After you become a citizen, your parents become your "immediate relatives," in immigration law lingo. When you file visa petitions for them, they'll be eligible to immigrate right away. Your brothers won't be so lucky. When you become a citizen, you can file visa petitions for them, regardless of their age and whether or not they're married. But they'll become "Fourth Preference" relatives, and be put on a waiting list for a visa. The wait can be very long -- in fact, the Philippines holds the current world record with an approximate wait for brothers and sisters of 22 years.

A tourist visa, on the other hand, can be gotten in a few days. Being approved for one is not automatic -- your family members will have to prove that they aren't trying to get into the U.S. permanently and that they can support themselves once they're here. (Once you become a citizen and file visa petitions for them, proving their intent to return will become harder.)

But once they've got the visa, it will probably be good for many trips to the United States. On each visit, they'll be allowed to stay between three and six months. So, you might want to get that extra bedroom ready after all. Just make sure they leave on time during every one of their visits -- otherwise all manner of things could go wrong with their eventual hopes of immigrating. For more information on getting and using a tourist visa, see Student & Tourist Visas: How to Come to the U.S.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All IRS Audits products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.