How To Apply for a Green Card for Your Parents
Eligible U.S. citizens can apply for a green card for their parents by first sponsoring their family-based immigrant visa. Family-based visa petitions are one of the most common ways to immigrate to the Unites States. While both green card holders and U.S. citizens can sponsor a variety of family-based immigrant visa petitions, only certain U.S. citizens can petition for an immigrant visa for their parents.
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Who Can Apply For a Green Card For Their Parent?
As long as the sponsor is a U.S. citizen and at least 21 years old, they can file a petition for an immigrant visa to help their parent apply for a green card This applies even if the parent is an adoptive parent or a stepparent, as long as all eligibility requirements are met and the right documents are provided
Parents fall into the immediate relative category for immigration purposes. Immediate relatives are given a higher priority compared to other family relationships. There’s no annual limit on the number of immediate relative immigrant visas that are issued each year. That means the wait time to get a decision is relatively short compared to the wait time for other immigrant visa petitions.
Documents You’ll Need to Bring Your Parents to the U.S.
If you are a U.S. citizen who is at least 21 years old, there are specific steps your attorney will take to help you petition for an immigrant visa for your parent so that they may apply for a green card.
First, your attorney will help you fill out and submit a Form I-130. Along with the petition, your attorney will ask you to provide certain supporting documents. These must be included with your Form I-130 to ensure your petition is complete and eligible for approval, paving the way for your parent’s green card application.
List of Required Documents
If you want to apply for an immigrant visa for your mother living outside the United States, your immigration attorney will need you to provide:
- A copy of your birth certificate that shows both your name and your mother’s name
- A copy of your Certificate of Naturalization or U.S. passport (if you weren’t born in the U.S.)
If you want to apply for an immigrant visa for your father living outside the United States, your immigration attorney will need you to provide:
- A copy of your birth certificate showing your name and the names of both of your parents
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you were not born in the U.S.)
- A copy of your parents’ civil marriage certificate
If you were born out of wedlock and want to apply for an immigrant visa for your father, who had not legitimized you as their child before your 18th birthday, your attorney will need you to provide:
- A copy of your birth certificate showing your name and your father’s name
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you weren’t born in the United States)
- Proof that either an emotional bond or financial bond existed between you and your father before you were married or before you turned 21, whichever came first
If you were born out of wedlock and want to apply for an immigrant visa for your father living outside the U.S., and he had legitimized you as his child before your 18th birthday, your immigration attorney will need you to provide:
- A copy of your birth certificate showing both your name and your father’s name
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you weren’t born in the U.S.)
- Proof that you were legitimized by him before your 18th birthday either because your natural parents were married, because of the laws of the state or country where you were born or lived, or because of the laws of the state or country where your father was born or lived.
If you want to apply for the immigrant visa of your stepparent, your attorney will need you to provide:
- A copy of your birth certificate showing your name and the names of your birth parents
- A copy of the civil marriage certificate belonging to your stepparent and your birth parent that shows that they were married before your 18th birthday
- A copy of any document that shows that any previous marriage of your birth parent or stepparent that existed before their marriage to one another was legally ended
If you want to apply for the immigrant visa of your adoptive parent, your attorney will need you to provide:
- A copy of your birth certificate
- A copy of your Certificate of Naturalization or Citizenship (if you were not born in the U.S.)
- A certified copy of the adoption certificate that proves that they adopted you before you turned 16 years old
- A statement that details the dates and places where you have lived with your adoptive parent
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U.S. Citizen Petition for Parents: How Long Does It Take?
The time it takes for a U.S. citizen to petition for their parents largely depends on the caseload at the relevant USCIS service center and the specific circumstances of the application.
Typically, the process involves several stages, including the filing of Form I-130 followed by its review and approval by USCIS. Once approved, the case is transferred to the National Visa Center (NVC) for further processing.
Despite that there is no annual limit on the number of parent visas that can be granted in a year, it can still take anywhere from 8 months to over a year to complete the process.
Applicants should be prepared for potential delays due to additional document requests, interview scheduling, or other administrative factors. It is important to regularly check the status of the application through the USCIS or NVC portals and respond promptly to any communications to avoid further delays.
Can a Green Card Holder Sponsor a Green Card for Parents?
Unfortunately, green card holders, also known as lawful permanent residents, cannot directly sponsor their parents for green cards. Only U.S. citizens who are 21 years of age or older are eligible to petition for their parents to become lawful permanent residents.
Green card holders looking to bring their parents to the United States may need to explore alternative options, such as naturalizing to become a U.S. citizen. If you meet all the eligibility requirements for U.S. citizenship and complete the necessary applications and procedures, you can then sponsor your parent for a green card. Consulting with an experienced immigration attorney can provide valuable guidance on the best course of action.
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Frequently Asked Questions: Applying for a Green Card for Your Parents
Can I apply for both of my parents at the same time?
While you aren’t limited to sponsoring only one parent, you must apply for their immigrant visas separately using separate I-130 petitions.
Will my parent get their green card once I file a Form I-130?
No. Your parent won’t have a green card just because you filed the Form I-130. They won’t automatically have a green card even after your Form I –130 is approved either. Once your Form I-130 is approved, the parent will need to apply for their green card.
- If they are living outside the country, they will have to wait until after your I-130 petition is approved. Then, they can apply for permanent resident status through a consular office or U.S. embassy.
- If they are already physically and legally present in the country, they might be able to file for permanent residency without leaving the country by filing for an Adjustment of Status.
Your experienced immigration attorney will explain the process in detail.
Can my parent use a tourist visa to come to the United States to make processing a green card easier?
This will only complicate matters. It won’t make anything easier. Tourist visas should never be used with the intent of gaining access if the goal is a green card. It’s considered a visa violation to enter on a visitor visa with the intent to never return home.
If your parent enters on a visitor visa with the genuine intent of returning to their home country, but their plans suddenly change, it is possible that your attorney may be able to proceed with your immigrant visa petition. It’s important to disclose your situation in detail to your immigration attorney because immigration law is extremely complex.
What are some reasons why my parent might be denied an immigrant visa?
There are many grounds for inadmissibility that could cause the denial of your parent’s immigrant visa:
- If your parent can’t support themselves, they may be denied on financial grounds without proof that they won’t end up in a public charge.
- If your parent is a public health risk or if they have a dangerous mental health disorder, they may be considered inadmissible.
- If your parent has a prior immigration violation, they may be inadmissible.
- If they have been convicted of certain crimes, the petition may be denied.
If your parent is found inadmissible for certain reasons, an experienced immigration attorney may be able to prepare a waiver application. If you have any concerns that your parent may be found inadmissible, it’s crucial that you explain that to your attorney from the start.
Choose a Dedicated Immigration Law Firm to Help Your Parents Apply for a Green Card
Warren Law Firm focuses exclusively on helping clients navigate the complex immigration system. If you would like to help your parents apply for a green card by sponsoring their immediate relative immigrant visa petition, contact us today.