Petitioning For Parents: A Lawful Permanent Resident's Guide

A lawful permanent resident (LPR) or Green Card holder in the United States can petition for their parents to immigrate and obtain a Green Card. The process is called family-based immigration, and the sponsoring child must be a US citizen or LPR, be at least 21 years old, and demonstrate a genuine parent-child relationship. The first step is to submit a visa petition (Form I-130), and once approved, the parent can apply for lawful permanent residence or a Green Card. This can be done through adjustment of status in the US or consular processing in the parent's home country.

Sponsoring a parent's green card

To sponsor a parent's green card, you must be a U.S. citizen and at least 21 years old. Permanent residents cannot petition to bring parents to live permanently in the United States.

If your parent is outside the United States, you will need to file a Form I-130 petition. If this is approved, your parent will be notified to go to their local U.S. consulate to complete the visa process. If your parent is already in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130.

If your parent has minor children abroad, those children (your siblings) cannot be sponsored on the same petition. However, once your parent becomes a permanent resident, they may file a new petition for any qualifying relative.

If your visa petition is denied, the denial letter will tell you how to appeal and how much time you have to file an appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

Form I-130 requirements

Form I-130, Petition for Alien Relative, is the first step in helping an eligible relative apply to immigrate to the United States and apply for a Green Card. It is important to note that the filing or approval of this petition does not grant any immigration status or benefit to the relative. The purpose of this form is to establish a qualifying relationship between the petitioner and the beneficiary (relative).

To be eligible to file Form I-130, you must be a U.S. citizen, lawful permanent resident, or U.S. national. The relative you are filing for must be seeking to come to or permanently stay in the United States and apply for a Permanent Resident Card (also known as a Green Card).

The following are the requirements for Form I-130:

• Provide proof of your status as a U.S. citizen, lawful permanent resident, or U.S. national.
• Submit evidence of your qualifying relationship with the relative, such as a birth certificate, marriage certificate, or divorce decree. If your name or the relative's name has changed, include proof of the legal name change.
• If you or your relative are in the U.S. military, special conditions may apply, and you should refer to the relevant resources for more information.
• If any required documents are unavailable, you must submit alternative documents, officially called "secondary evidence," to support your petition. For example, if your birth certificate is unavailable, you can obtain a statement from the relevant government agency certifying its unavailability.
• If you submit any documents in a foreign language, include a full English translation along with a certification from the translator verifying its accuracy and their competence.
• Pay the filing fee, which can be done through various methods such as a money order, personal check, cashier's check, or credit/debit card. The fee is non-refundable, and you can use the Fee Calculator to determine the amount.

It is important to carefully review the requirements and instructions before submitting Form I-130 to ensure all necessary documentation is included, as missing supporting documents may result in a Request for Evidence or denial of the petition.

Parent-child relationship proof

To petition for a parent to live in the United States as a lawful permanent resident, you must be a U.S. citizen and at least 21 years old. Lawful permanent residents (LPRs) cannot petition to bring parents to live permanently in the United States.

To prove the parent-child relationship, you must submit evidence of the qualifying relationship, such as a birth certificate. You must also provide proof of your status as a permanent resident. If your name or your parent's name has changed, you must include proof of the legal name change, which may include a marriage certificate, divorce decree, adoption decree, or court judgment of name change.

The process of obtaining lawful permanent residence can be complicated, and it is recommended to consult an immigration attorney or a DOJ-accredited representative to help navigate the requirements and address any potential consequences.

The first step in the process is to submit a visa petition (Form I-130), which is processed by U.S. Citizenship and Immigration Services (USCIS). This form is used to demonstrate a qualifying relationship, but it does not grant any benefits except to create a place in line for visa processing. Once the petition is approved, the parent will need to wait for a visa to become available before moving on to the second step.

The second step involves the parent applying for lawful permanent residence, often referred to as attaining a green card. This can be done through Adjustment of Status in the United States or Consular Processing in the parent's home country. If the parent is in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130. If the parent is outside the United States, the petition will be sent to the National Visa Center (NVC), which will forward it to the appropriate U.S. consulate when a visa becomes available.

Visa availability

To petition for parents to live in the United States as lawful permanent residents, one must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

The first step in the process is to submit a visa petition, which is processed by U.S. Citizenship and Immigration Services (USCIS). If the person is eligible for the visa petition, immigration will approve it. Once the petition is approved, the person will need to wait until there is a visa available before they can move on to step two. The waiting time depends on the family member's preference category.

The second step involves the person applying for lawful permanent residence, often referred to as attaining a green card. Step two can either be completed through consular processing outside the United States or through an adjustment of status inside the United States.

If the parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. They should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.

If the parents reside in another country, the process is done by contacting the U.S. consulate in the country in which they live. The immigration petition must await approval. Once the approval for the immigration petition arrives, it is necessary to supply all the information needed by the Department of State.

Adjustment of status

To petition for your parents to live in the United States as permanent residents, you must be a US citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization.

If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. After your parent becomes a permanent resident, they may file a new petition for any qualifying relative.

If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal.

The adjustment of status process is the process by which a foreign national who is already in the United States can apply for lawful permanent resident status (a Green Card). To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the United States, must be eligible to receive an immigrant visa, and must not be inadmissible to the United States.

To apply for adjustment of status for parents who currently reside in the United States, you must file Form I-130 (Petition for Alien Relative). Once your I-130 is approved, you will submit Form I-485 (Application to Register Permanent Residence or Adjust Status).

The first step in adjusting your status is to file an I-130 (Petition for Alien Relative) and then Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This application must be accompanied by supporting documentation, including evidence that you are eligible for an immigrant visa and that you are not inadmissible to the United States.

After you file your application, USCIS will review your case to determine if you are eligible for adjustment of status. If USCIS determines that you are ineligible for adjustment of status, they may deny your application or refer your case to Immigration Court for removal proceedings. If USCIS determines that you are eligible for adjustment of status, they will schedule you for an interview at a local USCIS office.

At your interview, a USCIS officer will ask you questions about your application and your eligibility for adjustment of status.

Frequently asked questions