Petitioning For Parents-In-Law: A Us Citizen's Guide

If you are a US citizen who is at least 21 years old, you can petition for your parents to live in the United States as permanent residents. This process allows your parents to live and work legally in the country. The process is different depending on whether your parents reside in another country or are already in the United States. If your parents are in another country, you must contact the US consulate in that country and await approval of your immigration petition. If your parents are already in the United States, they can apply for permanent resident status by filing Form I-485, which will allow them to apply for employment and travel authorization while their case is pending.

US citizens must be 21 or older to petition parents for permanent residency

US citizens must be 21 or older to petition for their parents to live with them in the United States as permanent residents. This process is often initiated by submitting a family-based petition, which can help parents obtain a Green Card, also known as a Permanent Residence card.

To be eligible to submit a petition, the US citizen must be over 21 years old and must be able to prove the parent-child relationship, typically through a birth certificate. The parent must also meet the required family relationship and have the necessary immigration status for the petition.

Once the petition is approved, the parent can move on to the second step of applying for lawful permanent residence. This can be done through consular processing outside the United States or through an adjustment of status inside the country.

It is important to note that Green Card holders themselves cannot petition to bring their parents to live with them in the United States as permanent residents. Only US citizens can initiate this process for their parents, and they must be 21 or older to do so.

The process of petitioning for a parent's permanent residence can be complex, and it is recommended to consult with an immigration attorney or a DOJ-accredited representative to understand the specific requirements and steps involved.

The application process for a Green Card for parents of US citizens

To apply for a Green Card for parents of US citizens, the US citizen child must be at least 21 years old. Green Card holders cannot petition to bring their parents to live with them in the US.

The application process typically involves the following steps:

• Sponsorship: The US citizen child files Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying relationship with their parent. This form serves as the initial sponsorship petition.
• Priority Date: Once USCIS approves the I-130 petition, the parent will receive a priority date, which establishes their place in the queue for visa processing. The wait time can vary, depending on the applicant’s country of origin and the overall demand for visas.
• Visa Availability: The availability of visas for parents of US citizens depends on the visa category and the individual’s country of origin. Some countries may have shorter wait times for visa processing, while others may face longer backlogs.
• Consular Processing or Adjustment of Status: If the parent is outside the US, they must go through consular processing at a US consulate in their home country. If the parent is in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130.

It is important to note that if the parent's name has changed, proof of the legal name change must be included, such as a marriage certificate, divorce decree, or court judgment of name change.

Green Card holders have access to a wide range of social services and benefits, including healthcare, education, and social security. Obtaining a Green Card for parents can be the first step toward their eventual eligibility for US citizenship. After meeting the required residency period and other criteria, they may be able to apply for naturalization.

The forms and documentation required for the application

To petition for your parents-in-law to live in the United States as Green Card holders, you must be a US citizen and at least 21 years old. If your parents-in-law are already in the United States, they can apply for an adjustment of status by filing Form I-485, which allows them to stay in the country while their application is being processed. They can also apply for employment and travel authorization by filing Form I-765 and Form I-131, respectively.

If your parents-in-law are living outside the United States, you will need to file Form I-130, Petition for Alien Relative, to validate the family relationship. This form must be accompanied by the following documents:

• A copy of your birth certificate and that of your spouse (whose parents are being petitioned).
• A copy of the civil marriage certificate.
• A copy of your naturalization certificate, US passport, or citizenship.
• If the parent being petitioned is your spouse's father, and your spouse was born out of wedlock, you will need to provide a copy of your spouse's birth certificate that includes both parents' names.
• If the parent being petitioned is your spouse's father, and your spouse was born out of wedlock after your spouse's mother had married someone else, you will need to provide a copy of the non-biological parent's marriage certificate.
• If the parent being petitioned is your spouse's adoptive parent, you will need to provide a certified copy of the adoption certificate, showing that the adoption took place before your spouse turned 16.
• A statement showing the place and date where your spouse lived with their adoptive parent(s).

If your name or your parent-in-law's name has changed, you must include proof of the legal name change, such as a marriage certificate, divorce decree, adoption decree, or court judgment of name change. Additionally, you must prove that you have sufficient economic income to support your parents-in-law by filing Form I-864, Affidavit of Financial Support. This requires that your income be at least 125% above the Federal Poverty Level, which is currently set at $14,580 per individual.

The time and cost of the application process

The time taken for the application process for a US citizen to petition their parents-in-law depends on several factors. If the parents are already in the US and do not have any issues with their adjustment of status, the application for a Green Card will be approved faster. It is important not to leave the country once the process has started, as it could affect the immigration goals.

However, if the parents live in the US and cannot adjust their immigration status, the process can take more than 10 years and is usually completed abroad. The estimated time for this application depends on the immigration status of the parents and other immigration factors of the family.

If the parents are in the US and have applied for adjustment of status using Form I-485, they can work while the case is pending. They will need to request authorization using Form I-765 and Form I-131 for employment and travel, respectively. It is important to note that if the parents have minor children abroad, they cannot be included in the same petition.

The process of obtaining a Green Card is a two-step process. The first step is to have someone file a visa petition on the parent's behalf. Once the petition is approved, the parent will need to wait for a visa to become available before moving on to step two. For parents, moving to step two may take little time since parents of US citizens are considered immediate relatives, and a visa is always available to them.

Step two involves the parent applying for lawful permanent residence or attaining a Green Card. This can be done through consular processing outside the US or through an adjustment of status within the country. During this step, USCIS will review the parent's immigration history and determine if they are eligible.

While the exact costs of the application process are not readily available, it is advisable to consult an immigration attorney or legal service provider to guide you through the process and ensure all requirements are met.

The challenges and considerations of the process

The process of petitioning for parents-in-law to live in the United States as permanent residents can be complex and time-consuming, and there are several challenges and considerations to keep in mind. Here are some key points to be aware of:

• Eligibility: To petition for parents-in-law to live in the US as Green Card holders, an individual must be a US citizen and at least 21 years old. Green Card holders themselves cannot petition to bring their parents to live permanently in the country. It is important to ensure that both the petitioner and the parents-in-law meet the eligibility criteria before initiating the process.
• Documentation and Forms: The process requires a significant amount of documentation and forms to be completed accurately and truthfully. This includes providing proof of the relationship between the petitioner and their parents-in-law, such as a marriage certificate. Additionally, the parents-in-law may need to provide documentation such as proof of legal name changes, if applicable. Seeking legal assistance can help ensure that all necessary documentation is provided correctly.
• Time and Costs: The green card application process can be lengthy, with an average processing time of 13 months as of March 2025. There are also associated costs with filing the application, which can vary depending on the method of filing. Online filing costs $625, while paper filing costs $675. These costs can be a significant consideration for families.
• Approval and Denial: The approval or denial of the immigration petition is a crucial aspect. If approved, the parents-in-law will be notified and will need to complete visa processing at their local US consulate. However, if the petition is denied, the denial letter will outline the steps for appeal and the timeframe within which to file an appeal. Understanding the potential outcomes and being prepared for either scenario is essential.
• Employment and Travel: While the petition is being processed, the parents-in-law may be eligible to apply for employment and travel authorization. They can do so by filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document). Understanding these options can help the parents-in-law maintain their livelihood and mobility during the process.
• Impact on Family: Petitioning for parents-in-law can have a significant impact on the entire family. It is important to consider the potential challenges and adjustments that may arise when the parents-in-law relocate to the United States, including cultural, language, and social adaptations. Additionally, if the parents-in-law have minor children abroad, those children cannot be sponsored on the same petition, which can impact family dynamics and require additional considerations.

Navigating the process of petitioning for parents-in-law to obtain permanent residency in the United States can be challenging. However, with careful planning, attention to detail, and, if necessary, legal assistance, it is possible to successfully unite families and create lasting bonds within the country.

Frequently asked questions