Immigration Corner | As a green card holder, can I file for my son, mom?

Dear Mrs Walker-Huntington,

I’m currently a green card holder and I would like to file for my son and my mom. However, I want to know:

1. Can a green card holder file for her son/mom?

2. How long do I have to be in possession of the green card?

3. If yes, what would be the requirements to start the process?

Regards,

– SF

Dear SF,

A green card holder – lawful permanent resident of the United States – is permitted to file for their spouse and their unmarried children. You would not be able to file a petition for your mother to migrate – you must be a citizen of the United States to be able to file a petition for your parents.

As a green card holder filing for your unmarried son, his age will determine how long it will take for him to get his US residency. If he is under 21 years old, he is a child for immigration purposes and will be in the F2A preference category. For the month of October 2025, the National Visa Center (NVC) is processing applications filed before February 1, 2024. If your son is over 21 years old, he will be placed in the F2B preference category and visas are available for people who were filed for prior to November 22, 2016. If you remain a green card holder and your son turns 21 during the process, he will “age out” of the child category and be moved to the F2B category. The waiting times vary and can increase or decrease depending on how quickly the National Visa Center processes the applications they have in their office, and how many visas are available each year in the various categories.

There is no period that you are required to be a green card holder before you are entitled to file for your eligible family members. You may do so immediately. US Citizenship and Immigration Services (USCIS) will be ensuring that you have the qualifying legal/biological relationship to your beneficiary and that you are indeed a person authorised to file a petition for alien relative, in this case, that you are a lawful permanent resident. USCIS also requires a filing fee to submit the application. Once the petition is approved by USCIS, it is transferred to the NVC for visa processing. Additional visa fees are due at this second phase, along with additional applications and evidence that you can financially support your son.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com