Green Card Petition for Parents
As a U.S citizen, you can petition your parents (mother and father) to live and work in the United States as permanent residents. The process starts with a family petition (Form I-130). This Form I-130 Petition for parents must be submitted with proof of the family relationship and payment of the government fees.
Petitioners must be U.S. citizens and at least 21 years old. A petitioner can also submit a green card petition for stepparents. Green card holders cannot petition their parents. Green card holders must apply for and be granted U.S. citizenship before applying for a green card for parents. You can read more about applying for United States citizenship by clicking here.
Process of a Green Card Petition for Parents
In order to apply for a green card for your parents, you must submit evidence of the family relationship, disclose whether they were married at the time of your birth, and show evidence of a parent-child relationship between you and your parents while growing up. The Form I-130 petition for parents must be properly completed and the correct USCIS fees must be included.
Once the petition is submitted, you will receive a receipt showing that USCSI accepted your petition. However, USCIS will still have a final decision on the petition. Once the petition is decided, USCIS will send you a notice informing you of their decision in writing.
If your parents are in the United States, they can apply for a green card (adjustment of status) while in the U.S. Otherwise, the petition will be sent to the Department of State, National Visa Center (NVC) for consular processing.
The Consular process is the process in which your parents get an immigrant visa outside of the United States. This process is appropriate for parents who reside abroad at the time you submit the petition. Once the Form I-130 petition is approved, it is automatically sent to the US Department of State, National Visa Center (NVC) for consular processing. NVC will contact the petitioner by email to request payment for the immigrant visa fees and the affidavit of support.
There is an unlimited number of visas available for parents of United States citizens. This means that the visa will be immediately available. Your parents will not have to wait for a visa to become available because of backlogs. Your parents will get a green card much faster than other categories of applicants.
The affidavit of support is a legal requirement for the green card petition for parents. It is a contract that the U.S. citizen petitioner makes with the U.S. government to ensure that the immigrant will not become a public charge. A public charge is a person that uses financial government assistance to live. This contract confirms to the U.S. government that you will be responsible for your parents’ expenses while they are in the United States. It also states that your parents will not seek public assistance in the U.S. The affidavit of support must include the petitioner’s income information, including recent tax returns and proof of income.
Once the affidavit of support is approved and visa fees are paid, your parents will be scheduled for an interview at the Embassy/Consulate of their home country. Your parents must bring a police certificate, a medical exam by an approved panel doctor, a biometric card, original civil documents, and a valid passport.
If everything is done correctly, the Consular Officer will approve the immigrant visa and stamp your parents’ passport with the visa. This immigrant visa lets your parents enter the United States as green card holders. Once your parents are in the United States, the government will mail them a green card and social security card to their U.S. address. Your parents’ green card allows them to live and work legally in the United States.
Parents of United States citizens are considered “Immediate Relatives.” Therefore, if they are in the United States, they can apply for a green card concurrently to your petition. This process is called adjustment of status.
To apply for a green card for parents, your parents must submit Forms I-485 and I-765 (Application for Employment Authorization) the applicable fees. This submission must also include all necessary evidence to evidence proving that your parents qualify for a green card. Once submitted, USCIS schedules an appointment to capture your parents’ fingerprints (biometrics). Once everything is processed, your parents may be interviewed by an Immigration Officer at the local USCIS office. If everything is done correctly, the Immigration Officer approves your parents’ application for a green card. The physical card is then mailed to the applicant at their home address.
How we help
Our immigration attorneys understand the importance of bringing your loved ones to the United States quickly and efficiently. We help you achieve the right results the first time by treating each case with care. Our immigration lawyers can spot issues and develop a strategy to get your parents’ green card approved. We have helped many families overcome tricky immigration scenarios that could have prevented a successful outcome.
Lets talk about your immigration case.