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Green Card for Parents
Bringing your parent to USA to live with you is a major step toward reuniting your family. U.S. immigration law allows certain family members to sponsor relatives for permanent residency (green cards). If you are a U.S. citizen aged 21 or older, you can petition for your parents to get green cards. This category is considered an "immediate relative" petition, which means it enjoys special privileges like faster processing and no annual quotas. It's important to note that lawful permanent residents (green card holders) cannot petition for their parents – only U.S. citizens who have reached the age of 21 can sponsor a mother or father.
How to Apply for Green Card for Parents
Sponsoring a parent involves several key steps from the initial petition to final approval of the green card:
Step 1: File Form I-130 (Petition for Alien Relative): The U.S. citizen child files an I-130 petition with USCIS for each parent, including proof of the parent-child relationship and proof of U.S. citizenship. USCIS now allows online filing for Form I-130, which can expedite processing and provide real-time updates. This filing establishes the qualifying relationship. (A separate petition is required for each parent.)
Step 2: Visa Availability: Parents of U.S. citizens are in the Immediate Relative category, which means no visa quota waiting period. Once the I-130 is approved, you can move forward without delay – there is no need to wait for a visa number to become available.
Step 3: Consular Processing for Parents vs. Adjustment of Status: If the parent is outside the U.S., the approved petition is forwarded to a U.S. consulate in the parent’s country for consular processing of an immigrant visa. If the parent is inside the U.S. (after a lawful entry), they may adjust status by filing Form I-485 without leaving the country. Yet, While adjusting status is permitted even if plans changed post-entry, entering the U.S. on a non-immigrant visa (e.g., tourist visa) with premeditated intent to immigrate could be deemed fraudulent. Immediate relatives are generally exempt from this scrutiny, but consult an attorney if your parent admitted to consular officers they intended to immigrate.
Step 4: Interview: The parent will attend a green card interview – either at a U.S. embassy/consulate abroad or at a USCIS office if adjusting in the U.S. An immigration officer will review the application and verify the relationship and eligibility during this interview.
Step 5: Approval & Green Card Issuance: Once approved, your parent becomes a permanent resident. If they went through consular processing abroad, an immigrant visa will be placed in their passport for entry to the U.S. (the physical green card is mailed to your U.S. address shortly after arrival). If they adjusted status in the U.S., the green card will be mailed directly to your address.
Key Benefits
Sponsoring parents as immediate relatives offers several advantages:
- No Waiting Period: Parents of U.S. citizens face no visa quota or backlog, allowing a faster process.
- Permanent Residency & Future Citizenship: Parents can live and work in the U.S. permanently and may apply for citizenship after five years.
- Family Reunification: Allows you to bring your mother or father to live with you in the U.S., keeping your family together.
- Public Charge Rule Flexibility: While the strict 2019 public charge rules were rescinded, USCIS still reviews the sponsor’s financial stability via the I-864. Approval hinges on demonstrating the parent is unlikely to depend on government benefits.
Required Documents
Applying for a parent’s green card requires assembling key evidence to prove the relationship and meet eligibility requirements. Some of the most important documents are:
- Proof of Petitioner’s U.S. Citizenship: A copy of your U.S. passport, birth certificate (if born in the U.S.), or Certificate of Naturalization. This shows the sponsor is a U.S. citizen (and at least 21 years old).
- Evidence of Parent-Child Relationship: Typically the petitioner’s birth certificate naming the parent. If you are petitioning your father, include your parents’ marriage certificate (if they were married). For step-parents, include the marriage certificate showing the marriage occurred before your 18th birthday (plus divorce decrees of any prior marriages).
- Affidavit of Support (Form I-864) & Financials: The U.S. citizen sponsor must submit Form I-864 to demonstrate sufficient income (typically at least 125% of the poverty line), along with financial evidence such as tax returns, W-2s, and pay stubs.
- Parent’s Identification & Entry Documents: Copies of your parent’s passport photo page and birth certificate. If your parent is applying from within the U.S., also provide proof of lawful entry (for example, the I-94 record and visa stamp) to show they were inspected and admitted.
Questions? You’re covered.
On average about 12 to 18 months. Because there’s no visa quota wait, the timeline mainly depends on USCIS processing times and the scheduling of the interview (whether at a consulate or a USCIS office). Many cases are completed in roughly a year, though times can vary. Processing times vary by consulate.. Check the U.S. Department of State’s website for current wait times in your parent’s country
Yes – if your parent entered the U.S. legally (even on a tourist visa), they can generally adjust status to permanent resident without departing. However, if they entered without inspection (illegally), they cannot adjust status in the U.S. and would need to go through consular processing abroad instead. Immediate relatives may adjust status even if they overstayed their visa, but only if they entered the U.S. legally with a valid visa or entry permit.
You’ll need to meet certain income requirements to serve as your parent’s financial sponsor. Specifically, the sponsoring child must show income (or assets) equal to at least 125% of the federal poverty level for your household size (including the sponsored parent). This is demonstrated by submitting an Affidavit of Support (Form I-864) with supporting documents like tax returns, W-2s, and pay stubs. If using assets, they must equal 5x the difference between your income and the poverty guideline. Active-duty U.S. military sponsors only need to meet 100% of the federal poverty guidelines If you don’t meet the requirement on your own, a joint sponsor can step in to help.
Yes. A step-parent can qualify as your parent if the marriage creating the step-relationship took place before your 18th birthday. An adoptive parent can also be sponsored, provided the adoption was finalized before you turned 16 (and you lived with that parent for at least two years). In both cases, you (the petitioner) must be a U.S. citizen over age 21. Be sure to include the marriage certificate or adoption decree to prove the relationship.
While the strict 2019 rules are no longer in effect, USCIS still reviews the sponsor’s financial stability via the I-864. Your income/assets must show the parent is unlikely to need government assistance.
Denials are rare for immediate relatives, but if it happens, you may appeal or reapply. Consult an attorney to address the specific reason (e.g., incomplete documentation, misrepresentation).
Why Onal Gallant
Choosing the right law firm can make all the difference in a smooth immigration process. Onal Gallant offers the ideal blend of expertise, dedication, and personal touch for prospective success for your parent’s immigration to the USA:
- Immigration Expertise: Our firm specializes in U.S. immigration law. We have extensive experience handling parent green card cases and stay up-to-date with the latest regulations. With Onal Gallant, you get knowledgeable attorneys who know the process inside out.
- Personalized Attention: We understand that bringing your parents to the U.S. is deeply personal. Our attorneys and staff will treat your case with the care and urgency it deserves. We take the time to listen to your concerns, answer your questions clearly, and guide you step-by-step. You’ll receive one-on-one support throughout the journey.
- Commitment to Success: At Onal Gallant, we pride ourselves on thorough preparation and a proven track record of success. From preparing your petitions and documents to coaching your parent for their interview, we leave no stone unturned to maximize the chances of approval.
With Onal Gallant by your side, you can move forward with confidence. We handle the legal complexities so you can focus on what matters most – welcoming your parents home. Contact us today to get started on your Green Card for Parents application. We’re here to help make your American family reunion a reality.
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