Cameron Miranda
US citizens who are 21 or older can petition for their non-US-citizen parents to live in the United States as permanent residents. This process can be initiated by submitting a visa petition on their behalf, which, if approved, allows them to move on to the second step of applying for lawful permanent residence, often referred to as a green card. However, it is important to note that the approval of the petition does not guarantee that the parent will obtain a green card. The process can be complex, and it is recommended to consult with an immigration attorney to address specific circumstances and ensure a smooth reunification with loved ones.
US Citizen Petition for Parents Law Change
| Characteristics | Values |
|---|---|
| Who can petition? | A US citizen child who is 21 or above |
| Who can be petitioned? | Mother or father |
| Requirements | Proof of relationship, e.g. birth certificate, marriage certificate, adoption certificate |
| Visa petition | Form I-130, petition for a foreign relative |
| Visa availability | Immediate for parents of US citizens |
| Application for permanent residence | Form I-485, Application to Register Permanent Residence |
| Application approval | Depends on immigration history, any broken immigration laws, and eligibility for pardon |
| Adjustment of status | Possible if initially entered lawfully, e.g. with a visa |
| Consular processing | Required if not eligible for adjustment of status; may trigger immigration penalties |
| Criminal history | Petitions may be denied for certain crimes, especially against minors |
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What You'll Learn
- US citizens over 21 can petition for their parents' permanent residence
- The process involves two steps: petitioning and then applying for a green card
- Parents of US citizens are considered immediate relatives and can quickly move to step two
- Parents must be eligible for a visa petition for it to be approved
- The process can be complicated and may take over 10 years
US citizens over 21 can petition for their parents' permanent residence
US citizens over 21 can petition for their parents to become permanent US residents. This process is known as a family-based petition and is one of the most common ways in which people are granted lawful permanent residence.
To begin the process, the US citizen must submit a visa petition on their parent's behalf. If the parent is eligible for the visa petition, immigration will approve it. Once approved, the parent must wait for a visa to become available before they can move on to the second step of the process. For parents of US citizens, this second step may take very little time, as they are considered immediate relatives, and a visa is always available for them.
The second step involves the parent applying for lawful permanent residence, often referred to as attaining a green card. This can be completed through consular processing outside the US or through an adjustment of status inside the US. During this step, USCIS will review the parent's immigration history and determine if they are eligible to apply for a pardon for any broken immigration laws. It is important to speak truthfully and completely with a legal service provider to ensure there are no concerns or complexities in the case.
If the parent is in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as their child files Form I-130. If the parent is outside the US, they will be notified to go to their local US consulate to complete visa processing once the Form I-130 petition is approved.
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The process involves two steps: petitioning and then applying for a green card
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, or permanent residents, cannot petition to bring their parents to live with them in the United States.
The process of petitioning for parents involves two steps: petitioning and then applying for a green card. The first step involves submitting a visa petition, which is processed by US 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.
For parents, moving on to step two may take very little time since parents of US citizens are considered immediate relatives, and a visa is always available to them. Once the visa petition is approved, the parent can proceed with step two to apply for a green card. USCIS will review the applicant's immigration history, determine if they have broken any immigration laws, and evaluate their eligibility for this benefit. It is important to speak truthfully and completely with a trusted legal service provider so they can determine if there are any concerns or complexities in your case.
Step two can be completed through consular processing outside the United States or through an adjustment of status inside the United States. If the parent is outside the United States, they will be notified to go to the local US consulate to complete visa processing. 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, at the same time as filing Form I-130.
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Parents of US citizens are considered immediate relatives and can quickly move to step two
Obtaining a green card for parents of US citizens is a two-step process. The first step is to have someone file a visa petition on the parent's behalf. If the parent is eligible for the visa petition, immigration will approve it. Once the petition is approved, the parent will need to wait for a visa to become available before they can move on to step two.
For parents of US citizens, moving on to step two may take very little time since they are considered immediate relatives, and a visa is always available to them. Once the visa petition is approved, they can proceed with step two and apply for a green card. It is at this stage that USCIS will review the applicant's immigration history and determine if they have broken any immigration laws. It is important to be truthful and detailed at this stage.
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.
It is important to note that if the parents live in the United States and cannot adjust their immigration status, the process can take more than 10 years, and the process will usually be completed abroad. Additionally, if the parents did not enter the United States lawfully, they will generally not be able to adjust their status and will need to complete step two through consular processing, which can trigger immigration penalties that may complicate the case.
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Parents must be eligible for a visa petition for it to be approved
To petition for a parent to live in the United States as a Green Card holder, a person must be a U.S. citizen and at least 21 years old. The first step in this process is to file a visa petition on behalf of the parent. The parent must be eligible for the visa petition for it to be approved by U.S. Citizenship and Immigration Services (USCIS).
If the parent is outside the United States, the petitioner must establish their qualifying relationship with the parent, who must be eligible for permanent residence. The parent must then complete visa processing at their local U.S. consulate. 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, at the same time as the petitioner files Form I-130.
The approval of Form I-130 does not give the parent any immigration status or benefit. The parent must still apply for a Green Card. If the parent is outside the United States, they will receive a passport stamp upon arrival, which will allow them to work until they receive their Green Card. If the parent is in the United States, they may apply for employment and travel authorization while their case is pending.
It is important to note that any prior unlawful entry into the United States, such as entering without inspection by an immigration official, may impact the parent's eligibility for adjustment of status. In such cases, it is recommended to consult a legal representative to discuss immigration history and determine eligibility or potential eligibility.
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The process can be complicated and may take over 10 years
The process for a US citizen to petition for their parents to live in the United States as permanent residents can be complex and lengthy, sometimes taking over 10 years. The first step is to ensure that the petitioning child is a US citizen and is 21 years of age or older. If the parents are already in the United States, they can apply for an adjustment of status to become permanent residents by filing Form I-485. They can also apply for employment and travel authorization by submitting Form I-765 and Form I-131, respectively. However, it is important that they do not leave the country during this process as it could negatively impact their immigration goals.
If the parents are living outside the United States, the process becomes more intricate. The child must submit a visa petition on their behalf, which requires completing Form I-130, Petition for Foreign Relative. This form establishes the relationship between the child and the parent(s) and serves as evidence that the child is a US citizen. Along with Form I-130, additional documents may be required, such as birth certificates, marriage certificates, and proof of any name changes. Once the visa petition is approved, the parents can proceed to the next step of applying for a Green Card, which involves a thorough evaluation of their immigration history and compliance with immigration laws.
The complexity and duration of the process often depend on the specific circumstances of each case. For example, if the parents entered the United States illegally or have a criminal history, particularly crimes against minors, the process may become more challenging and time-consuming. In some cases, the parents may need to leave the country for consular processing, which could trigger a 10-year bar on re-entry. To navigate these complexities and increase the chances of a successful petition, it is highly recommended to consult with a qualified immigration attorney who can provide personalized guidance based on the unique details of the case.
While the process can be lengthy and complex, it is not uncommon for US citizens to petition for their parents to become permanent residents. Family-based petitions are one of the most common ways for individuals to obtain lawful permanent residence. With patience, careful consideration, and the assistance of legal professionals, US citizens can work towards reuniting with their loved ones in the United States.
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Frequently asked questions
A US citizen must be at least 21 years old to petition for their parents.
The required documents include Form I-130, a copy of the birth certificate of the applicant and their mother (or father if the petition is for the father), and a copy of the civil marriage certificate if the petition is for the father.
It depends. If your parents entered the US illegally but have a lawful entry, such as a border crossing card or visa, and overstayed, they may be able to adjust their status. However, if they have no lawful entry and cannot adjust their status from within the US, they may need to leave the country for consular processing, which could trigger a 10-year bar.
It depends on the nature of the criminal record. If you have been convicted of specific crimes against a minor, such as child sexual abuse, your petition will likely be denied unless you can prove that there is no risk of harm to the beneficiary.
The timing varies depending on the specific circumstances. If your parents live in the US and have no issues affecting their adjustment of status, the process can be faster. However, if they live in the US and cannot adjust their immigration status, it can take more than 10 years, and the process is usually completed abroad.
