Can more than one family member petition for my green card? (I-130)

For months, family-based immigration has been up for debate in both houses of Congress. This week, President Trump called for several policy changes to both illegal and legal immigration. Among one of the proposed changes, President Trump and Republicans in Congress have promised to end “chain migration,” also known as family-based immigration. Specifically, the current administration aims to end petitions for siblings and parents by U.S, Citizens. For U.S. Citizens & Lawful Permanent Residents (LPRs), the looming immigration legislation could prevent family reunification decades in the making.

Who can petition for my green card?

Any citizen or lawful permanent resident of the United States can submit an immigrant petition for an alien relative. However, the relationship between the petitioning relative and the foreign national relative determines the time frame for processing each application. For immediate relatives of US citizens, such as parents, spouses, and unmarried children under 21, there are no national limits for family-based petitions for green cards. For petitions that do not fall into the “immediate relative” category, the law lists caps to “family-based preference” applications which are administered by Department of State (DOS) through the monthly Visa Bulletin. Therefore, a U.S. citizen who petitions for their sibling which falls under the fourth preference (F4) may have to wait for 14-15 years before the sibling is eligible to migrate to the United States.

Can more than one relative petition for my green card?

Yes. For beneficiaries seeking a green card through a family member, more than one qualified family member can petition on behalf of their foreign national relative. However, one should prioritize an “immediate relative” if such relationship exists. For example, if a foreign national is the beneficiary of a FB-1 (Family Based First Preference) category (Unmarried Sons and Daughters of U.S. Citizen) through his U.S. Citizen father with a current wait times of around 7 years, and the U.S. Citizen suddenly passes away, they would have to begin a separate application through another family member, like a U.S. Citizen sibling or a U.S. Citizen mother, to enter the US through family immigration. Had the mother and sibling submitted simultaneous petitions for the same beneficiary along with the U.S. Citizen father, the foreign national would not have to worry about starting over, thereby avoiding further delays to already lengthy process. Given the uncertainty surrounding President Trump’s proposed changes to family-based immigration, many are unsure as to whether they should file through a particular relative. Until a final decision is made in Washington, we suggest scheduling a consultation with our office to discuss options available to you and your family.